d 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 
Duke  University  Libraries 


https://archive.org/details/biographicalsket01garn 


■** 


i 


■■  .\i‘f 


BIOGRAPHICAL  SKETCH 


Hon.  Charles  Fenton  Mercer 

1778  - 1858 

M.  C.  1817- 1840  : 


ALDIE,  LOUDOUN  COUNTY,  VIRGINIA 

Son  of  Hon.  James  Mercer, 

Judge  of  Court  of  Appeals  of  Virginia. 


JAMES  MERCER  GARNETT, 


MIVATCLY  PtlMTXD  BY 
WHITTBT  Ic  SHEPPERION.  RICHMOND.  VA 
1911 


“ELMWOOD,”  ESSEX  COUNTY,  VIRGINIA. 

Residence  of  Hon.  James  Mercer  Garnett,  and  for  some  years  of  Hon.  Charles  Fenton  Mercer. 


BIOGRAPHICAL  SKETCH 


OF 


Hon.  Charles  Fenton  Mercer 

1778-  1858 

M.  C.  1817-1840 


ALDIE,  LOUDOUN  COUNTY,  VIRGINIA. 

Son  of  Hon.  James  Mercer, 

Judge  of  Court  of  Appeals  of  Virginia. 


BY 

JAMES  MERCER  GARNETT. 


PRIVATELY  PRINTED  BY 
WHITTET  & SHEPPERSON,  RICHMOND,  VA. 
1911 

^'2522 


'V 


7^- 


y 


ir-. 


BIOGRAPHICAL  SKETCH. 


The  Mercer  family  of  Virginia,  to  which  th:  subject  of  this 
sketch  belonged,  was  the  one  descended  from  the  lawyer  John 
Mercer,  of  “Marlborough,”  Stafford  County,  Va.,  who  emi- 
grated from  Dublin,  Ireland,  in  1720  at  the  age  of  sixteen  years, 
and  whose  family  migrated  from  Chester,  England,  to  Dublin 
some  generations  earlier.  This  family  is  thought  to  be  descended 
from  the  Mercers  of  Aldie  Castle,  Perthshire,  Scotland,  but  this 
writer  cannot  prove  it.  It  is  not  thought  to  be  the  same  family 
as  that  of  Doctor,  later  General,  Hugh  Mercer,  of  the  Revolu- 
tionary War,-  a resident  in  Fredericksburg,  Virginia,  although 
John  Mercer  and  Hugh  Mercer  were  friends,  and  the  latter  was 
physician  to  the  family  of  the  former,  but  he  did  not  come  to 
this  country  from  Scotland  until  1744  and  settled  first  in  Penn- 
sylvania^ 

Charles  Fenton  Mercer  was  the  youngest  child  of  Judge 
James  Mercer,^  of  the  Court  of  Appeals  of  Virginia,  and 
Eleanor  Dick,  daughter  of  Major  Charles  Dick,  of  Fredericks- 
burg, Va.,  and  was  born  in  Fredericksburg,  June  16,  1778;  he 
was  a grandson  of  John  Mercer,  of  “Marlborough.” 

1 See  Judge  Groolrick’s  “Life  of  General  Hugh  Mercer,”  with  gene- 
alogy in  the  Appendix,  which  deserves  correction  in  the  statement  that 
Col.  George  Mercer,  son  of  John  Mercer  of  “Marlborough,”  married 
Isabel  Mercer,  sister  of  General  Hugh  Mercer.  A full  genealogy  of  John 
Mercer  is  given  in  my  pamphlet  on  Hon.  James  fiercer  Garnett,  of  “Elm- 
wood, Essex  County,  Virginia,  a grandson  of  John  Mercer,  published  in 
1910,  with  Mereer-Garnett  and  Mercer  genealogies.  This  Mercer  geneal- 
ogy was  first  published  by  me  in  the  Baltimore  Sun  of  September  17  and 
24,  1905. 

2 See  my  pamphlet  on  Hon.  James  Mercer  reprinted  from  the  wil- 
liam AXD  MARY  COLLEGE  QUARTERLY,  for  October,  1908,  and  February,  1909, 
pp.  220-223;  see  also  Lamb’s  Biographical  Dictionary. 


^ 2 53? 


4 


Biographical  Sketch 


A few  years  before  his  death,  which  occurred  on  May  4, 
1858,  he  wrote  a brief  sketch  of  his  public  life,  which  was  pre- 
served by  my  father,  Theodore  S.  Garnett,  his  nephew,  heir  and 
executor,  and  I cannot  do  better  than  print  it  herein  as  a con- 
temporary record.  It  has  the  advantage  of  being  an  authentic 
account  of  the  principal  events  of  his  public  career.  During  his 
last  visit  to  Europe  it  was  preserved  in  the  Department  of  State. 

“MATERIALS  FOR  LIFE  OF  C.  F.  MERCER.” 

“Chancellor  Wythe,  under  whose  instruction  Mr.  Jefferson 
studied  law,  always  avoided  the  use  of  the  capital  letter  “I”  in 
writing,  and  began  his  sentences  with  the  smaller  letter  with  a 
dot  over  it.  To  exclude  this  letter,  altogether,  from  the  follow- 
ing narrative,  I propose  to  speak  of  the  subject  of  it  as  Cesar 
wrote  his  commentaries,  in  the  third  person,  Si  parva  [licet] 
componere  magnis  [Virgil,  Georgies,  IV.,  176.] 

C.  Fenton  Mercer  was  born  in  the  town  of  Fredericksburg, 
on  the  river  Rappahannock,  in  the  State  of  Virginia,  on  the  i6th 
of  June,  1778,  very  near  Marlborough,  the  birth-place  of  his 
father,  James  Mercer,  and  for  many  years  the  residence  of  his 
grandfather,  John  Mercer,  who  emigrated  from  Ireland  when  a 
very  young  man  in  the  beginning  of  the  last  [eighteenth]  century. 

John  Mercer  died  in  176S,  after  amassing  a large  fortune  by 
the  practice  of  the  law,  during  which  time  he  wrote  and  pub- 
lished the  first  abridgment  of  the  laws  of  Virginia.  James,  his 
third  son  [by  his  first  marriage],  pursued  the  profession  of  his 
father,  with  nearly  equal  success,  having  been  President  of  the 
General  Court  of  that  State,  its  highest  criminal  tribunal,  and 
translated  thence  to  the  bench  of  its  supreme  appellate  court. 
He  was  a zealous  whig,  and,  upon  the  dissolution  of  the  royal 
government  in  Virginia,  was  chosen  by  the  succeeding  conven- 
tions a member  of  that  Committee  of  Safety,  to  whom  the  gov- 
ernment of  the  colony  was  entrusted  in  the  recess  of  the  Con- 
vention. This  committee  wielded  the  whole  executive  power, 
civil  and  military,  of  the  late  government,  until  the  adoption  of 
the  written  constitution  of  the  State  in  1776-  After  this,  James 


Hon.  Charles  Fenton  Mercer 


5 


Mercer  was  elected  a member  of  the  Continental  Congress,  in 
which  he  served  in  1779.  He  died  in  1793,  while  attending  on  his 
public  duty  as  a judge  of  the  Court  of  Appeals,  leaving  a large 
estate,  so  heavily  incumbered  with  numerous  debts  that  his  ex- 
ecutors refused  to  act,  and  the  administrators  of  his  will  put  in 
the  plea  of  insolvency  in  all  the  suits  instituted  against  them. 

For  two  years  the  subject  of  this  narrative  was  without  the 
means  of  defraying  the  expense  of  his  education.  In  1795  he 
was  enabled  to  enter  the  junior  class  of  the  College  of  New 
Jersey,  at  Princeton. 

In  1797  he  took  the  degree  of  Bachelor  of  Arts,  and  had 
awarded  to  him  the  first  honor  of  his  class  by  the  unanimous 
vote  of  his  classmates,  and  of  the  President  and  faculty  of  the  col- 
lege ; and,  at  the  succeeding  commencement,  he  delivered  the  Latin 
salutatory  address.  During  1798,  ’99  and  1800,  he  prosecuted  the 
study  of  law  at  Princeton,  and,  for  his  Master’s  degree,  pro- 
nounced at  the  Commencement  of  the  last  year  a discourse  in 
favor  of  establishing  a permanent  navy  for  the  defence  of  the 
United  States.  This  discourse  was  published  at  Philadelphia  in 
1801 ; and  again,  to  the  North,  in  1813  and  entitled  “The  Voice 
of  Prophecy.”  This  publication  was  made  without  the  knowl- 
edge of  the  author.  During  the  period  last-mentioned,  the 
French  Directory  having  threatened  to  invade  the  United  States, 
many  of  the  students  of  the  college  sought  admission  into  the 
army  about  to  be  raised  for  the  public  defence-  They  engaged 
an  officer  of  the  Revolution  to  instruct  them  in  military  exercises, 
while  they  continued  to  prosecute  their  studies.  In  this  corps 
young  Mercer  was  enrolled,  and  on  the  4th  of  July,  1798,  he 
addressed  a letter  to  Gen’l.  Washington,  making  known  his  ten- 
der of  service  to  the  President  of  the  United  States.  To  this 
letter  he  received  a kind  reply,  which  he  now  retains,  and  a 
promise  to  promote  his  views.  The  appointments  to  commands 
in  this  army  were  delayed  till  the  invasion  of  Egypt  by  France, 
and  all  apprehension  of  hostilities  from  that  country  had  ceased. 
The  commission  of  ist  Lieut,  of  Cavalry,  speedily  followed  by 
that  of  Captain,  was  forwarded  to  Mercer,  but  he  declined  the 
acceptance  of  either,  as  all  probability  of  actual  war  had  ceased. 


6 


Biographical  Sketch 


and  it  had  never  been  his  intention  to  make  arms  his  profes- 
sion for  life.  In  an  interview  with  Genl.  Washington,  he  had 
the  gratification  to  receive  his  approbation  of  the  course  a sense 
of  duty  alone  had  prompted  him  to  pursue.  Either  of  the  com- 
missions, which  he  declined  accepting,  exceeded  any  merits  of 
a student  of  twenty  years  of  age. 

In  i8oi,  he  continued  in  Richmond  the  study  of  his  profes- 
sion, and  in  1802  obtained  from  Judges  Pendleton,  Roane  and 
Carrington,  a license  to  practice  in  the  courts  of  Virginia.  In 
October  of  that  year  he  went  to  England,  to  repurchase  an  es- 
tate which  had  belonged  to  his  uncle,  Col°.  George  Mercer,  Lieut. - 
Governor  of  North  Carolina. 

In  1803,  he  visited  Erance,  and,  in  1804,  having  succeeded 
in  the  object  which  carried  him  abroad,  he  settled  down  in  the 
practice  of  his  profession,  having  first  assumed  the  payment  of 
all  his  father’s  debts.  He  suffered  severely,  in  after  life,  from 
that  act  of  justice  to  the  memory  of  the  only  parent  he  ever 
knew,  for  his  mother  had  died  in  his  infancy. 

In  1810,  believing  his  fortune  sufficient  to  secure  his  inde- 
pendence, he  yielded  to  the  importunity  of  his  friends  and  entered 
upon  public  life,  without  opposition,  as  a delegate  to  the  General 
Assembly  of  Virginia  from  the  County  of  Loudoun,  then  one 
of  the  largest,  and  now  the  largest,  or  most  populous,  county  of 
that  State. 

Eor  seven  years  he  was  permitted  to  occupy  this  station  and 
thrice  elected  by  the  County  when  absent  from  it,  once,  when  he 
desired  to  be  excused,  and  at  another  time,  when  hourly  expected 
to  die  from  a disease  contracted  while  on  a very  exposed  mili- 
tary service  in  an  unhealthy  climate. 

In  1811,  he  recommended  to  the  House  of  Delegates  an  en- 
largement of  the  banking  capital  of  Virginia,  by  the  increase  of 
the  capital  of  the  only  existing  bank  of  Virginia,  whose  charter 
was  near  expiring,  and  the  creation  of  the  Earmers’  Bank  of 
Virginia,  and  he  advised  that,  besides  a bonus  of  twenty  per 
cent,  upon  the  new  capitals,  the  new  stock  should  be  sold  at 
auction.  In  this  he  succeeded,  and,  besides  the  twenty  per  cent., 
the  auction  yielded  $80,000  to  the  Commonwealth. 


Hon.  Charles  Fenton  Mercer 


7 


i8ii.  A war  with  Great  Britain  being  expected,  he  again  ten- 
dered his  services  to  the  President,  through  Mr.  Monroe,  his 
personal  friend,  and,  at  that  time.  Secretary  of  State. 

In  1812,  he  acted  with  the  Chief  Justice,  Mr.  Marshall,  and 
others  as  a commissioner  appointed  by  the  Legislature  to  examine 
the  river  Greenbrier,  and  New  River,  sources  of  the  Great 
Kanawha,  and  the  head  waters  of  James  river,  with  a view  to 
their  improvement  and  union,  by  a railroad,  or  continuous  canal. 

In  that  year,  with  a view  to  this  object,  he  submitted  a series 
of  resolutions  to  the  Legislature,  for  the  establishment  of  a gen- 
eral fund  for  the  Internal  Improvement  of  the  rivers  and  roads  of 
the  State-  The  actual  invasion  of  the  State,  in  February,  1813, 
arrested  this  measure  then,  but,  as  will  be  seen,  only  for  a time. 

The  intelligence  of  the  entrance  of  a British  fleet  into  Hamp- 
ton Roads,  caused  the  Governor  of  Virginia  to  repair  to  Nor- 
folk, and  he  invited  Mercer  to  accompany  him  as  his  aid-de- 
camp.  He  instantly  left  his  seat  in  the  Legislature  and  accepted 
this  invitation.  On  the  return  of  the  Governor,  by  the  advice 
of  Council,  he  was  appointed  Lieutenant  Col°.  of  the  regiment 
of  regular  troops  which,  in  his  absence,  the  General  Assembly 
had  determined  to  raise  for  the  defence  of  the  State.  The  gen- 
tleman appointed  to  command  this  Regiment,  Col°.  Maurice,  had 
spent  ten  years  in  military  service  in  Europe.  The  author  of 
this  narrative  was  then  commissioned,  with  a member  of  the 
Council  of  State,  to  repair  to  Washington,  for  the  settlement  of 
the  subsisting  military  claims  of  the  State  upon  the  General  Gov- 
ernment. While  engaged,  alone,  in  this  duty,  his  associate  hav- 
ing left  him,  he  wrote  an  elaborate  defence  of  the  claims  of  the 
State  upon  the  General  Government,  in  which  the  various  acts  of 
that  government  for  organization,  equipping  and  calling  the  mili- 
tia into  service,  were  reviewed ; and  although  the  Secretary  of 
War  maintained  certain  objections  to  the  principles  laid  down 
in  this  review,  they  were  all  confirmed  at  a subsequent  period  by 
the  Congress  of  the  United  States-  This  correspondence  was 
published  by  the  Legislature,  with  a letter  of  Mr.  Giles,  one  of  the 
Senators  of  Virginia,  acknowledging  the  aid  it  had  afforded  him 


8 


Biographical  Sketch 


in  ensuring  the  admission  by  Congress  of  the  just  claims  of  the 
State- 

While  engaged  in  vindicating  the  claims  of  Virginia  in 
Washington,  it  occurred  to  the  writer  of  this  narrative  that  the 
Act  of  Legislature  to  raise  a regular  force  for  the  defence  of  the 
State,  tho  no  violation  of  the  letter,  was  inconsistent  with  the 
spirit,  of  the  Federal  Constitution,  and  that,  if  the  example  was 
followed  by  all  the  frontier  States  exposed  to  invasion  by  the 
enemy,  might  so  far  subtract  from  the  common  defence  as  to 
bring  the  government  charged  with  that  duty  into  contempt.  The 
creation  of  so  many  independent  armies  would  moreover  ob- 
struct the  execution  of  any  system  of  military  operations  for 
the  common  safety  that  the.  General  Government  might  devise, 
all  such  systems  deriving  their  efficiency  from  the  power  of 
speedily  concentrating  the  national  forces  where,  in  the  judg- 
ment of  some  common  head,  they  might  be  most  needed. 
Solemnly  impressed  with  these  views,  he  communicated  them 
to  his  personal  friend  the  Secretary  of  State,  and  finding  that 
Mr.  Monroe  concurred  in  them,  he  addressed  an  elaborate  argu- 
ment to  the  Governor  of  Virginia  which  terminated  with  an 
earnest  recommendation  that  the  Legislature  should  be  con- 
vened to  repeal  the  act  authorizing  the  regiment  of  regular 
troops  of  which  the  writer  was  then  Lieutenant-Colonel.  The 
legislature  was  convened  and  at  an  extra  session  the  Lieutenant- 
Colonel  submitted  a motion,  which  prevailed  by  an  unanimous 
vote  (with  the  exception  of  one  voice  only),  to  repeal  the  act 
under  which  he  held  his  new  commission. 

While  the  General  Government  was  borrowing  the  principal 
sum  of  a heavy  national  debt.  Congress,  by  authorising  the  taxes 
imposed  for  providing  its  accruing  interest,  authorised  each 
State  to  assume  and  pay  its  proportion  of  those  taxes  in  advance 
with  a premium  of  lo  per  cent,  if  so  done,  and  the  States  who 
assumed  were  left  to  raise  the  sums  which  they  assumed  to  pay 
in  any  mode  their  judgment  might  approve.  For  the  very 
reason  which  induced  the  General  Government  to  transfer  the 
odium  of  direct  taxation  to  the  States  who  might  assume  their 
respective  portions  of  the  sum  to  be  raised,  those  States  who  did 


Hon.  Charles  Fenton  Mercer 


9 


assume  preferred  borrowing  to  taxing  their  people,  so  that  in 
effect  while  one  government  borrowed  the  principal  of  the 
growing  national  debt,  the  other  governments  borrowed  the  in- 
terest to  be  paid  on  it.  By  so  doing  the  State  of  Virginia  soon 
exhausted  the  specie  in  her  banks,  and  they  suspended,  under  the 
authority  of  law,  its  issue  to  their  own  creditors.  But  this  was 
not  the  only  evil  attending  this  disastrous  expedient  for  sus- 
taining a public  credit  already  impaired  by  the  delay  of  any  sys- 
tem of  direct  taxes  to  supply  the  place  of  those  sources  of  reve- 
nue which  the  foreign  commerce  of  the  United  States  had  sup- 
plied anterior  to  the  war.  The  loans  already  negotiated  had  ex- 
hausted the  fountains  -which  supplied  them.  Yet  it  was  under 
such  circumstances  that  Mr.  Philip  Barbour,  the  chairman  of 
the  committee  of  finance  of  the  House  of  Delegates,  opposed  the 
imposition  of  taxes  and  advocated  a continued  reliance  upon 
loans  to  carry  on  the  war,  as  well  for  the  defence  of  the  States 
as  for  the  Union,  and  he  made  a report  from  his  committee  in 
conformity  with  his  views.  The  writer  of  this  memoir  not  only 
opposed  the  assumpsit  of  the  State  quota  of  the  newly  imposed 
direct  taxes,  but  offered,  according  to  the  practice  of  the  Vir- 
ginia Legislature,  an  entire  substitute  for  Mr.  Barbour’s  whole 
report.  The  substitute  was  sustained  by  the  House,  and  al- 
though the  State  quota  was  assumed,  taxes  were  levied  as  ad- 
vised by  this  writer  to  supply  its  place,  and  the  assumpsit  was  not 
repeated. 

At  the  close  of  the  session  of  the  General  Assembly  just 
noticed,  it  fell  to  the  lot  of  this  writer  to  be  called  into  service  as 
a Major  of  Militia,  making  one  of  the  detachment  of  80,000  men 
detailed  under  an  act  of  Congress  to  serve  whenever  required. 
The  Governor,  whose  aid  he  had  been,  proposed  his  return  home 
and  to  supply  his  place,  but  he  insisted  on  being  immediately 
ordered  to  Norfolk,  and  accordingly  reported  himself  to  the  offi- 
cer in  command  of  the  army  of  3,000  men  stationed  near  that 
city  for  its  defence. 

Shortly  after  his  arrival  he  was  placed  in  command  of  an 
elite  corps,  consisting  of  two  companies  of  riflemen  and  two 
selected  companies  of  Light  Infantry.  On  the  loth  of  April  his 


lo  Biographical  Sketch 

term  of  service  was  deemed  by  the  Government  at  Washington 
to  have  expired.  But  all  the  troops  entitled  to  their  discharge, 
none  having  yet  arrived  to  supply  their  places,  were  earnestly  in- 
vited by  the  commander  of  the  port  to  volunteer  their  services  at 
least  until  relieved  by  the  arrival  of  the  new  levies,  and  among 
the  few  who  did  so  was  the  commandant  of  the  elite  corps.  The 
officer  then  in  command  at  Norfolk  was  shortly  after  super- 
seded by  the  veteran  General  Moses  Porter,  and  by  his 
order  the  elite  of  the  army  was  augmented  by  transferring 
to  it  all  the  rifle  companies  of  the  army  not  then  included 
in  its  ranks,  and  adding  to  it  a squadron  of  cavalry  and  two 
mounted  field-pieces.  Its  commander,  with  but  the  rank  of 
Major,  was  continued  at  the  head  of  the  corps  with  orders  to 
guard  and  frequently  inspect  the  posts  of  the  army  along  a coast 
of  thirty  miles  in  extent,  to  watch  the  fleet  of  the  enemy  in 
Lynnhaven  Bay  at  the  mouth  of  the  Chesapeake ; if  the  enemy 
landed  in  great  force,  to  retard  at  any  hazard  their  approach  to 
Norfolk;  to  repel  and  capture,  if  practicable,  any  marauding  par- 
ties from  the  fleet,  and  promptly  to  report  every  military  occur- 
rence within  the  range  of  his  command.  The  commander  was 
to  choose  his  own  encampments,  to  march  wherever  he  pleased, 
appoint  his  own  courts-martial  for  the  trial  of  offenders,  and  to 
receive  no  instructions  but  from  the  commanding  General  sta- 
tioned in  Norfolk. 

How  these  duties  were  performed  may  be  seen  in  the  confi- 
dential reports  of  the  assistant  inspector  of  the  army,  a regular 
officer,  or  by  enquiry  of  General,  then  Col°.  Bankhead,  the  As- 
sistant Adjutant  General,  or  Col°.  Thayer,  the  aid  of  the  veteran 
general  who  commanded  in  chief- 

The  autumn  of  1814  was  a season  of  sore  affliction  to  the 
troops  at  Norfolk,  composed  of  militia  called  out  for  short  terms 
of  duty,  never  in  service  long  enough  to  become  familiar  with 
their  duties  or  inured  to  an  unhealthy  climate,  although  un- 
healthy only  to  those  who  were  strangers  to  it.  Many  perished 
by  disease,  many  more  died  on  their  way  home  after  being  dis- 
charged, and  hundreds  were  weekly  released  from  further  ser- 
vice because  they  were  utterly  unable  to  perform  any  military 


Hon.  Charles  Fenton  Mercer 


II 


duty.  Three  thousand  were  buried  at  Norfolk  who  never  en- 
countered an  enemy  in  the  field,  and  the  dead  were  silently  in- 
terred at  night  by  torchlight  in  order  to  avoid  depressing  the 
spirits  of  the  survivors. 

Among  the  very  last  officers  of  the  Elite  Corps,  the  Com- 
mandant was  taken  down  by  the  prevailing  disease  of  this  fatal 
climate.  He  was  borne  to  a vessel  in  the  harbor  of  Norfolk  and 
thence  transported  to  Richmond,  where  he  speedily  recovered 
strength  enough  to  accept  the  office  of  Inspector  General  ten- 
dered to  him  by  the  Executive  of  Virginia,  after  declining  that 
first  proposed  to  him  of  Adjutant  General.  For  this  office  he 
recommended  to  the  Governor  Col°.  Maurice,  an  officer  of  great 
military  experience. 

As  Inspector  General  he  was  required  to  devise  and  report 
to  the  Governor  and  a board  of  field  officers  of  the  army  of 
13,000  men  a plan  for  the  defence  of  the  capital  of  the  State  and 
the  neighboring  city  of  Petersburg,  22  miles  from  Richmond  on 
the  south  side  of  the  river  Appomattox.  His  report  was 
promptly  prepared,  and  being  approved  in  all  its  details,  he  was 
directed  to  examine  and  report  suitable  posts  and  dispositions 
for  the  various  corps  of  the  army  to  occupy  in  preparation  for 
the  apprehended  landing  of  a British  army.  In  executing  these 
duties  he  directed  a survey  of  all  the  roads  leading  from  James 
and  York  rivers  to  the  cities  to  be  defended,  and  to  quicken  the 
performance  of  this  survey  and  the  delineation  of  a military 
map  of  the  country,  all  the  practical  surveyors  of  the  army  were 
placed  at  the  disposal  of  the  Topographical  Engineer,  Maj''.  John 
Randolph  of  Roanoke,  with  orders  to  proceed  in  the  performance 
of  their  duty  with  all  possible  dispatch. 

In  the  interim,  the  various  brigades  and  volunteer  corps  con- 
sisting of  the  elite  of  the  State  were  located  at  commanding 
positions  along  a line  of  thirty  miles  and  on  the  leading  avenues 
to  the  objects  to  be  defended-  In  advance  of  the  principal  posts 
on  this  line  and  on  those  avenues  which  crossed  it,  selected  corps 
of  light  troops,  consisting  of  the  uniformed  volunteer  companies, 
under  command  of  the  most  distinguished  men  of  the  State, 
were  posted  to  watch  the  movements  and  retard  the  progress  of 


12 


Biographical  Sketch 


the  invading  foe ; to  inspect  and  report  on  the  discipline,  equip- 
ments and  material  of  all  those  posts  was  among  the  duties  of  the 
Inspector  General.  Those  duties  during  the  latter  part  of  his 
service  were  performed  under  the  eye  of  the  General  Assembly. 
How  they  were  performed  may  be  inferred  from  the  election 
of  the  Inspector,  shortly  after  those  duties  terminated  with  the 
danger  which  required  their  performance,  to  command  the 
second  Brigade  of  an  army  of  10,000  Regular  troops,  as  well  as 
by  the  approval  of  his  nomination  of  the  first  and  second  major- 
generals  chosen  to  command  them  as  chiefs  of  Division. 

The  Army  which  had  threatened  vengeance  after  spending  its 
force  on  Washington  and  Baltimore  having  gone  to  the  Gulf  of 
Mexico,  the  Inspector-General  resumed  his  seat  in  the  House  of 
Delegates,  where  he  filled  at  the  same  time  the  offices  of  chair- 
man of  the  committee  on  finance  and  of  a committee  on  the 
defence  of  the  State.  Such  at  least  was  the  function  of  the  lat- 
ter, though  its  title  is  not  remembered.  His  labors  in  both  were 
unusually  great.  In  the  former  capacity  he  devised  and  carried  a 
system  of  revenue  which  trebled  the  amount  levied  prior  to  the 
war.  This  system  spread  over  every  indication  of  wealth,  or 
object  of  value,  so  as  to  lessen  as  far  as  practicable  the  burthen 
upon  each  article  taxed,  and  [to]  diffuse  it  over  the  whole  popu- 
lation in  proportion  to  the  capacity  of  each  individual  to  bear  it. 

Such  had  been  the  waste  of  life,  so  vast  the  cost  and  so 
little  the  actual  efficiency  of  an  army  made  up  of  Militia  called 
to  the  unhealthy  climate  of  the  seaboard  from  the  highlands  of 
Virginia,  for  short  terms  of  duty,  that  the  demand  for  the  sub- 
stitution of  a regular  force  to  serve  during  the  war  could  no 
longer  be  resisted.  The  General  Government  had  neither  money 
nor  men  to  spare  for  the  defence  of  the  State.  So  far  had  its 
credit  been  reduced  by  the  delay  of  any  system  of  taxation  ade- 
quate to  its  wants,  that  the  military  chest  at  Norfolk,  with  an 
enemy  at  its  door,  could  not  supply  the  means  of  purchasing 
coffins  for  the  dead  dailv  multiplied  by  disease. 

The  task  was,  therefore,  imposed  on  the  chairman  of  the 
committee  last-named  of  providing  an  army  of  10,000  regular 
troops  for  the  defence  of  the  State.  A bill  was  accordingly  pre- 


Hon.  Charles  Fenton  Mercer  13 

pared,  and  reported  by  the  chairman,  which,  after  various  amend- 
ments by  the  Senate,  passed  both  Houses-  The  general  officers, 
six  in  number,  to  command  this  army  were  chosen  by  the  two 
Houses  on  joint  ballot,  as  has  been  already  stated,  with  the  con- 
dition that  their  service  should  commence  on  the  organization 
of  the  corps  composing  this  force,  and  that  it  should  be  tendered 
to  the  acceptance  of  the  General  Government  when  prepared  to 
take  the  field. 

The  pacification  of  Ghent  dispensed  with  the  necessity  of 
raising  this  force,  and  the  officers  late  in  service  who  were  to 
command  it  returned  to  the  pursuits  of  civil  life,  not  a few  of 
them  to  become  victims  of  diseases  contracted  in  the  painful  ser- 
vice they  had  left.  Such  was  very  near  being  the  fate  of  the 
author  of  this  narrative,  whose  death  was  rumored  among  his 
constituents  the  very  day  on  which  they  elected  him  the  sixth 
time,  and  without  his  consent,  their  delegate  to  the  General  As- 
sembly. Several  years  elapsed  before  his  health  was  re-estab- 
lished. Nevertheless,  his  most  laborious  duties  as  a member  of 
the  House  of  Delegates  occurred  at  the  ensuing  session  of  the 
Legislature.  He  was,  at  its  commencement,  re-appointed  chair- 
man of  the  Committee  on  Finance.  The  war  having  ended,  and 
the  revenue  of  the  State  having  been  extended  from  $300,000, 
its  amount  prior  thereto,  to  $900,000,  the  reduction  of  that  reve- 
nue was  one  of  the  first  duties  of  the  committee.  But  the  ex- 
tent of  that  reduction  admitted  of  much  difference  of  opinion. 
The  State  claims  upon  the  United  States  for  the  sums  spent  in  its 
defence  largely  exceeded  a million,  and  the  profits  derived  from 
the  banking  operations  of  1812,  added  to  the  stock  acquired  by 
the  first  act  of  incorporation  of  the  Bank  of  Virginia,  made  a sum 
far  exceeding  the  former.  Hence  resulted  an  opportunity  which 
the  chairman  promptly  and  zealously  embraced  of  laying  a 
foundation  for  the  improvement  of  the  State  by  a system  of  edu- 
cation and  of  internal  improvement  co-extensive  with  its  wants 
and  its  capacity. 

He  accordingly  revised  the  resolutions  he  had  submitted  in 
the  winter  of  1812-13  to  create  a Fund  for  Internal  Improvement 
to  consist  of  all  the  stocks  of  the  State  derived  from  banking 


14 


Biographical  Sketch 


operations,  and  all  future  acquisitions  from  the  same  source. 
The  capital  of  the  fund  was  to  remain  untouched,  its  revenue 
to  be  applied  to  such  works  of  Internal  Improvement  as  the  Legis- 
lature might  approve  in  such  manner  as  to  elicit  from  private 
subscribers  to  all  such  works  three-fifths  of  all  sums  required 
for  their  construction,  while  the  State  furnished  the  remaining 
two-fifths  from  that  interest  on  condition  that  no  dividend  should 
accrue  to  the  sale  of  her  two-fifths  till  the  private  stockholders 
should  have  realized  six  per  cent,  on  their  subscription,  and  with 
another  condition  that  for  the  first  fifty  years  from  their  in- 
corporation these  dividends  should  in  no  case  exceed  ten  per 
cent.,  nor  for  the  next  fifty  years  six  per  cent.  To  collect  in- 
formation, to  guard  the  fund  from  alienation  or  misapplication, 
a Board  of  Public  Works  was  superadded,  to  be  composed  of 
members  chosen  annually  by  the  Legislature  from  prescribed 
divisions  or  districts  of  the  State.  The  board  was  empowered  to 
engage  and  employ  the  services  of  a Civil  Engineer  of  established 
reputation  to  aid  their  inquiries,  to  meet  once  a year  prior  to  the 
annual  meeting  of  the  Legislature  and  to  recommend  such 
measures  of  improvement  as  they  might  deem  expedient.  In 
the  ensuing  election  of  members  to  compose  the  first  Board,  along 
with  Mr.  Jefiferson,  Mr.  Madison  and  others,  the  mover  of  the 
system  delineated  above  was  also  chosen  by  a unanimous  vote 
of  both  Houses,  there  being  but  two  dissentient  ballots.  The 
Governor  was  made  ex  ofUcio  president  of  the  Board. 

In  the  annual  report  of  the  Committee  on  Finance  the  chairman 
recommended  by  a joint  resolution,  to  be  submitted  to  the  Sen- 
ate if  approved  by  the  House,  the  appropriation  of  the  entire 
claim  of  the  State  upon  the  General  Government  to  public  educa- 
tion ; and  this  resolution  being  approved  by  both  Houses,  he 
moved  another  resolution  which  proposed,  in  express  terms,  the 
establishment  of  an  University,  to  be  styled  the  University  of 
Virginia,  and  such  additional  colleges,  academies  and  primarv 
schools  as  should  diffuse  the  benefit  of  education  among  all  the 
people  of  the  Commonwealth. 

This  resolution  also  received  the  approbation  of  both  Houses. 
He  also  moved  and  succeeded  in  having  passed  by  both  Houses 


Hon.  Charles  Fenton  Mercer 


15 


a bill  authorising  a careful  survey  of  the  natural  and  artificial 
features  of  the  State  with  a view  to  the  execution  of  a correct 
map  of  her  whole  territory  and  of  a chart  of  each  county.  And 
he,  further,  carried  another  bill,  written  as  the  former  by  him- 
self but  reported  by  another  member  who  was  absent  at  its  pas- 
sage, to  appropriate  the  proceeds  of  sale  of  certain  lots  held  by 
the  State  in  the  city  of  Richmond  to  the  repairs  of  the  Capitol, 
and  the  graduation,  planting  and  permanent  enclosure  of  the 
public  grounds  around  it.  Those  sales  produced  more  than 
$80,000.  The  task  of  reducing  the  revenue  after  the  adoption  of 
the  preceding  measure  was  one  of  no  difficulty  whatever. 

Being  for  the  last  time,  while  confined  by  sickness  in  this  dis- 
trict and  not  a candidate,  re-elected  to  the  House  of  Delegates, 
he  served  at  the  ensuing  session,  and  on  the  14th  of  December 
submitted  to*  the  House  a resolution, — which  he  had  penned  the 
preceding  summer  and  shewn  to  many  persons,  in  a long  journey 
to  Canada  made  for  the  benefit  of  his  health,  and  which  resolu- 
tion was  everywhere  approved, — to  call  on  the  General  Govern- 
ment for  aid  in  procuring  a territory  in  Africa,  or  elsewhere  (this 
word  being  inserted  without  his  consent)  to  serve  as  an  asylum 
to  such  of  the  free  people  of  color  of  Virginia  as  might  choose 
to  avail  themselves  of  it,  and  such  of  her  slaves  as  their  masters 
might  please  to  emancipate,  he  had  the  gratification  to  witness 
its  passage  through  the  House  with  the  dissent  of  but  fourteen 
votes,  and  through  the  Senate  with  but  one  dissentient  voice- 
The  resolution  passed  the  House  with  closed  doors,  but  the  in- 
junction of  secrecy  was  immediately  removed. 

For  three  years  after  this  period  the  author  of  this  narrative 
devoted  his  time  almost  exclusively  to  this,  to  him  most  inter- 
esting, object,  which  finally  owed  its  success  to  the  legislation 
of  Congress  quite  as  much  [as],  if  not  more  than,  to  the  Ameri- 
can Colonization  Society.  In  aid  of  it  he  collected  in  Baltimore 
during  a visit  of  a fortnight,  the  sum  of  4,700  dollars.  This  sum 
was  applied  to  defray  the  cost  of  the  exploring  expedition  of 
Mills  and  Burgess  to  the  coast  of  Africa,  south  of  Sierra  Leone, 
where  it  was  hoped  that  a proper  site  for  the  contemplated  colony 
would  be  found.  But  the  writer  of  this  narrative  rendered  after- 


i6 


Bic«  lAPHicAL  Sketch 


wards  much  more  important  aid  to  the  enterprize  he  had  thus  set 
on  foot  by  the  first  public  resolve  of  Virginia  in  relation  to  it. 
In  April,  1817,  he  was  elected  to  Congress  from  the  district  in 
which  he  had  lived  since  1804.  His  first  speech  was  delivered  in 
support  of  the  authority  of  the  House  of  Representatives  to 
punish  contempts;  his  second,  in  favor  of  the  constitutionality 
of  the  power  of  the  General  Government  to  appropriate  money  to 
internal  improvements,  both  of  which  he  drew  out  for  publication. 
They  were  two  of  the  only  five  speeches  out  of  very  many  that  he 
prepared  for  the  press  in  the  period  of  service  which  lasted 
through  forty-eight  sessions  of  Congress. 

In  1818.  He  sustained  the  resolution  written  by  Mr.  Clay 
of  Kentucky  and  moved  by  Mr.  Cobb  of  Georgia,  which  con- 
demned the  invasion  of  Florida  by  the  American  army,  the  cap- 
ture of  the  Spanish  forts  of  that  country,  and  the  execution 
of  two  British  subjects  after  a court-martial  had  sentenced  them 
to  be  whipped-  This  speech  he  also  drew  out  in  part  for  publi- 
cation. In  the  same  year  he  wrote  a resolution  to  publish  the 
Journals  of  the  Convention  that  framed  the  Federal  Constitution 
and  the  private  foreign  correspondence  of  the  government  during 
the  Revolutionary  war,  both  of  which  were  exposed  to  destruc- 
tion, and  the  former  existed  on  separate  slips  of  paper  difficult 
to  arrange.  A member  of  the  Senate,  hearing  of  this  resolution, 
anticipated  the  first  object  of  the  written  resolution  in  conse- 
quence of  information  given  him  of  its  existence,  and  the  residue 
was  added  to  his  resolution  when  it  came  from  the  Senate  to 
the  House,  in  which  stage,  at  the  suggestion  of  Mr.  Rufus  King, 
the  addition  to  it  was  made  of  the  correspondence  of  the  govern- 
ment down  to  the  ratification  of  the  Constitution  in  1789. 

In  1819.  The  State  of  Georgia  having  caused  certain  re- 
captured Africans  wrested  from  their  country  by  the  slave  trade 
in  violation  of  the  laws  of  the  United  States,  to  be  sold  and  the 
moiety  of  the  proceeds  of  sale  to  be  paid  into  her  treasury,  the 
writer  of  this  narrative  prepared  the  heads  of  a bill  which  he 
prevailed  on  Doctor  Thayer,  a member  of  the  committee  on  the 
African  slave  trade,  to  report  to  the  House,  to  alter  the  existing 
law  by  requiring  the  Marshals  of  the  several  States,  whenever 


^‘ALDIE,”  LOUDOUN  COUNTY,  VIRGINIA. 
Residence  of  Hon.  Charles  F'eiiton  Mercer. 


• v'  ■ 


;1 


.;<<• 


'>^- 


'4- 


i 


■^1'  . d'";-,:. 

•'  • ' • . - 


J’-f , 


7 


Hon.  Charles  Fenton  Mercer 


17 


captured  Africans  should  be  brought  into  the  United  States,  to 
take  care  of  them,  maintain  them  at  the  public  charge,  and  to 
send  them  back  to  their  native  country.  An  agent  of  the  United 
States  was  authorized  to  be  appointed  to  receive  them  there,  and 
100,000  dollars  was  appropriated  to  carry  the  Act  into  execu- 
tion. Gov''.  Floyd  was  called  home  by  sickness  of  his  family ; 
Mr.  Middleton,  chairman  of  the  committee,  proposed  to  abandon 
the  bill,  and  it  devolved  on  the  writer  to  sustain  it  in  the  House 
and  procure  friends  for  it  in  the  Senate.  The  bill  passed  both 
Houses,  and  Mr.  Monroe,  the  President  of  the  United  States, 
consented  so  to  construe  its  provisions  as  to  appoint  the  physician 
or  Governor  of  the  colony  agent  of  the  United  States  for  recap- 
tured Africans,  and  in  order  to  provide  with  a secure  station  to 
apply  to  the  use  of  the  first  emigrants  from  the  United  States  the 
preceding  appropriation  on  condition  that  no  eclat  should  be  given 
to  the  Act  and  his  construction  of  it. 

Out  of  this  appropriation  the  colony  arose,  and  when  some 
time  afterwards  the  territory  of  the  colony  was  named  Liberia, 
in  gratitude  to  the  President  its  chief  town  was  called  Monrovia- 

For  three  years  the  writer  of  this  narrative  labored  in  the 
cause  of  African  colonization,  giving  to  it  all  his  leisure  from 
other  pursuits,  conducting  a large  share  of  the  correspondence 
of  the  Society,  and  writing  both  its  second, and  third  voluminous 
reports.  On  one  occasion  he  franked  8,000  circular  letters  to.  the 
clergy  of  every  denomination  in  the  United  States,  urging  them 
on  every  Sabbath  near  the  4th  of  July,  to  receive  subscrfptions 
towards  the  support  of  the  colony. 

At  a subsequent  period  he  availed  himself  of  the  temporary 
absence  of  the  chairman  of  the  committee  on  the  slave  trade  to 
make  a report  in  that  character  of  sundry  resolutions  for  the 
adoption  of  the  House  and  an  amendment  of  a bill  from  the 
Senate.  By  the, latter  the  African  slave  trade  was  made  piracy, 
and  by  the  former  the  President  was  requested  to  open  a nego- 
tiation with  the  several  maritime  powers  of  Europe  and  America 
in  order  to  render  that  statutory  denomination  of  this  odious 
traffic  part  of  the  law  of  nations  by  universal  consent  and 
adoption. 


i8 


Biographical  Sketch 


The  amendment  received  the  sanction  of  both  Houses,  and 
in  pursuance  of  the  request  contained  in  the  resolution  negotia- 
tions were  commenced,  but  proceeded  no  farther  than  the  ex- 
tension of  the  principle  of  the  amendment  to  Great  Britain  and 
the  Republic  of  Columbia,  now  subdivided  into  three  indepen- 
dent States.  One  of  the  benefits  which  the  mover  of  the  resolu- 
tion anticipated  from  its  adoption  was  that  it  would  render  the 
proposal  of  England  to  exchange  the  right  of  search  on  the 
African  coast  unnecessary,  a pirate  being  at  all  times  liable  to 
search,  and  to  punishment  by  any  nation  as  hostis  humani  generis. 
Nor  did  the  mover  indulge  this  hope  till  it  was  confirmed  by  con- 
sultation with  Chief  Justice  Marshall  and  his  associate,  Judge 
Washington.  The  negotiations  having  fallen  short  of  their  in- 
tended purpose,  a treaty  was  formed  with  Great  Britain  to  ex- 
change that  right.  It  was  ratified  by  the  Senate  with  amend- 
ments which  occasioned  its  final  rejection  by  the  other  contract- 
ing party,  but  not  before,  by  Mr.  Monroe’s  advice,  C.  F.  M.  ad- 
dressed a letter  to  Mr.  Stratford  Canning  earnestly  defending 
the  amendments  of  the  Senate,  and  urging  the  ratification  of  the 
treaty  as  returned  in  the  only  form  in  which  it  could  or  ought 
to  receive  the  sanction  of  the  American  government-  This  ap- 
peal, though  laid  before  the  minister  for  foreign  affairs  and  the 
British  council,  failed  of  success.  It  was  with  some  gratification, 
however,  that  this  writer  heard  Lord  Palmerston  express  deep 
regret  that  it  had  not  produced  its  desired  effect. 

Besides  the  first  appropriation  for  the  abolition  of  the  African 
slave  trade,  which  afforded  the  first  emigrants  to  that  country 
the  means  of  comfortable  accommodation  on  their  arrival  there 
as  well  as  of  defence,  other  sums  were  afterwards  obtained  for 
the  same  purpose  by  the  same  means.  The  colony  being  planted 
and  the  society  provided  by  its  increasing  contributions  with  the 
means  of  engaging  a secretary  and  traveling  agents  with  fixed 
salaries,  this  writer  turned  his  attention  to  another  object  after 
three  years  of  zealous  labor  in  this  interesting  enterprise,  now  re- 
warding by  its  success  all  its  founders. 

In  1823,  acting  on  behalf  of  a meeting  he  had  convened  at 
Leesburg  in  Virginia,  he  invited  delegates  from  Pennsylvania, 


Hon.  Charles  Fenton  Mercer 


19 


Maryland  and  Virginia  and  the  district  cities,  to  meet  in  conven- 
tion at  the  Capitol  in  this  city  [Washington]  to  consider  the  ex- 
pediency, and  devise  some  practical  plan,  of  improving  the  navi- 
gation of  the  river  Potomac,  of  connecting  it  with  the  Ohio  by  a 
tunnel  through  the  Alleghany  mountain  and  a continuous  canal 
along  the  Youghegany  and  Monongahela,  with  the  Ohio  river  at 
Pittsburg.  Accordingly  a large  convention  assembled  at  Wash- 
ington and,  with  some  slight  modifications,  adopted  the  resolu- 
tions for  that  object  submitted  to  them  by  the  author  of  the  invi- 
tation which  brought  them  together. 

At  a subsequent  period,  in  Dec’’-,  1827,  he  again  convened 
those  delegates,  multiplied  by  a number  of  new  friends  of  the  en- 
terprise and  among  them  three  members  of  the  cabinet  of  Presi- 
dent Monroe. 

To  this  meeting  he  reported  the  progress  which  the  central 
committee,  of  which  he  was  the  chairman  and  almost  the  only 
acting  member,  had  made  since  their  first  meeting.  He  had,  in 
fact,  procured  the  harmonious  co-operation  of  the  three  rival 
cities  of  the  district,  of  the  old  Potomac  Company,  who  agreed 
to  merge  their  rights  in  the  charter  of  the  Chesapeake  and  Ohio 
Canal  Company,  and  sixteen  acts  of  legislation  from  the  three 
States  who  had  co-operated  in  forming  the  convention.  Ohio 
had  been  invited,  but  did  not  send  any  delegates  to  the  conven- 
tion except  the  Post  Master  Gen’l,  Mr.  John  McLane.  Shortly 
after  this  second  meeting  Congress  authorized  a subscription  of 
one  million  to  the  stock  of  the  new  company,  and  this  writer 
having  been  chosen  President  of  the  company,  the  4th  of  July, 
1828,  was  fixed  upon  as  the  day  for  commencing  the  canal,  and 
the  President  [was]  requested  to  dig  from  it  the  first  spadeful  of 
earth.  This  he  accordingly  did  in  the  presence  of  more  than 
20,000  people  and  surrounded  by  all  the  foreign  ministers  in 
Washington. 

Five  years  after  this  work  actually  began  108  miles  of  it  had 
been  completed. 

For  what  part  of  the  labor  devolved  on  the  President  of  the 
company  and  how  that  labor  was  performed,  reference  may  be 
had  to  Gen’l.,  late  CoP.,  McNeal’s  report  of  the  plan,  cost  and 


20 


Biographical  Sketch 


quality  of  the  entire  work,  and  to  the  vote  of  thanks,  and  the 
present  of  $5,000,  made  to  the  President  of  the  company  when  his 
connection  with  it  was  terminated  by  the  influence  of  Gen’l.  Jack- 
son  and  the  vote  of  the  Stockholders. 

Other  labor  devolved  on  the  author  of  this  narrative  of  a very 
interesting  nature  during  this  period  last-mentioned.  He  had, 
in  an  address  to  the  people  of  Virginia,  invited  her  several 
counties  to  meet  delegates  of  the  County  of  Loudoun  at  Staun- 
ton in  that  State  to  consider  the  expediency  of  procuring  a Con- 
vention to  amend  the  constitution  of  the  State  by  equalizing  the 
representation  of  its  counties,  reducing  the  numbers  of  the  House 
of  Delegates  and  extending  the  right  of  suffrage-  More  than 
forty  counties  sent  delegates  to  this  Convention,  and  from  its  pro- 
ceedings resulted  the  Convention  of  the  State  in  1829,  by  which 
the  Constitution  was  amended  in  all  those  particulars.  Prior  to 
the  assemblage  of  this  body  numerous  controversies  arose  and 
public  meetings  of  the  people  were  held,  in  all  of  which  the  writer 
of  this  narrative  had  to  take  an  active  part. 

Most  of  his  acts  last-mentioned  occurred  out  of  the  Halls  of 
legislation,  but  in  no  instance  did  they  involve  a neglect  of  his 
duties  in  the  House  of  Representatives,  except  when,  with  the 
approbation  of  his  constituents,  he  remained  several  weeks  in  the 
Convention  at  Richmond  during  the  session  of  Congress  which 
occurred  at  the  same  time.  He  was  the  first  member  of  that 
body,  two  days  before  the  Convention  adjourned,  [who]  took 
his  seat  in  the  House,  and  at  no  period  of  his  long-continued 
service  was  he  absent  from  it  except  when  once  confined  to  his 
chamber  by  a disease  threatening  his  life. 

In  1830  he  became  chairman  of  the  Committee  of  Roads  and 
Canals,  on  which  he  had  long  served  as  a member,  and  so  great 
was  the  labor  cast  upon  that  body  that  the  committee  was 
allowed  a clerk  to  record  its  proceedings  and  arrange  and  keep 
its  papers.  The  bills  and  reports  of  the  Committee  were,  with  few 
exceptions,  written  by  the  Chairman,  though  frequently  reported 
by  the  members  charged  with  the  memorials  which  gave  rise  to 
them. 

During  the  eight  consecutive  years  that  he  was  chairman  of 


Hon.  Charles  Fenton  Mercer 


21 


that  committee  he  solemnly  avers  that  not  a single  instance  oc- 
curred of  an  attempt  to  introduce  or  carry  any  measure  by  what 
is  vulgarly,  but  aptly,  called  log-rolling.  Nor  was  any  measure 
proposed  by  the  Committee  to  the  House  that  was  not  deemed 
national,  nor  any  canal  or  road  recommended  that  was  not  pre- 
ceded, if  an  appropriation  was  proposed  for  its  construction,  [by] 
a previous  survey  and  estimates  by  some  skillful  Engineer.  Nor 
did  the  recommendations  of  the  Committee  endanger  in  any  de- 
gree embarrassment  to  the  government  or  threaten,  as  charged, 
to  exhaust  the  treasury.  Charges  were  made  and  reiterated 
against  the  system  of  Internal  Improvement  practised  by  the 
committee  with  undeviating  vigor,  which  no  proof  was,  when 
publicly  challenged,  or  could  be,  adduced  to  sustain.  Estimates 
were  quoted,  indeed,  which,  so  far  from  proving  those  charges, 
only  demonstrated  the  impracticability  of  works  the  Committee 
never  recommended,  while  the  gross  absurdities  into  which  the 
opponents  of  the  constitutionality  of  the  power  to  make  any  such 
improvements  [were  led],  were  proper  subjects  not  of  argu- 
ment but  of  ridicule ; as,  for  example,  that  no  appropriation  to  the 
improvement  of  the  navigation  of  a river  could  be  constitution- 
ally applied  to  any  work  above  a port  of  entry, — that  no  work 
could  be  national  which  was  constructed  within  the  limits  of  a 
single  State, — that  a road  might  be  national,  but  its  several  parts 
were  not  so,  so  that,  unless  the  whole  be  made  at  once,  it  could 
not  be  constitutionally  made  at  all ; that  the  power  to  regulate 
trade  between  the  States  might  warrant  a road  from  one  to  the 
other,  but  where  two  States  had  an  imaginary  line,  such  as  a 
parallel  of  latitude,  for  their  common  boundary,  a road  might 
be  constitutionally  constructed  between  them,  but  then  such  road, 
being  limited  in  extent  to  the  breadth  of  that  line,  which  has  no 
breadth,  could  not  exist  at  all. 

It  was  alike  untrue  that  Gen’l.  Jackson,  or  any  other  Presi- 
dent, arrested  the  condemned  system  of  Internal  Improvement; 
on  the  contrary,  its  objects  were  never  so  numerous,  nor  the 
annual  appropriations  towards  it,  taken  collectively,  so  large  in 
amount  as  during  his  entire  administration.  The  system  was 
arrested  after  his  experiments  upon  the  currency  of  the  country 


22 


Biographical  Sketch 


for  want  of  funds  to  carry  it  [on],  while  the  Seminole  war 
drained  the  treasury  of  its  specie,  and  drove  the  government  to 
the  negotiation  of  loans  in  order  to  preserve  its  credit.  The  last 
labor  of  the  chairman  of  the  Committee  on  Internal  Improvement, 
while  he  retained  his  seat  in  Congress,  was  bestowed  on  a report 
requiring  much  research  not  apparent  on  its  face  nor  in  its 
brevity,  but  involving  an  enquiry  into  all  the  various  routes  pro- 
posed for  a connection  of  the  Atlantic  with  the  Pacific  ocean 
thro  the  Isthmus  of  Darien.  The  report,  accompanied  by  a 
diagram  fiom  the  topographical  Bureau,  proposed  an  open  cut 
for  a canal  of  the  intervening  highland  which,  for  three  miles  in 
a distance  of  fourteen,  separates  Lake  Nicaragua  from  the  Pa- 
cific. For  the  rest  of  this  distance,  or  eleven  miles,  no  ground 
can  be  more  favorable  for  such  a work.  The  report  does  not 
embrace  any  view  of  the  practicability  of  improving  in  any  mode 
the  river  descending  from  the  Lake  to  the  Atlantic,  no  work 
within  reach  of  the  author  affording  any  information  upon  that 
necessary  branch  of  inquiry  to  the  solution  of  all  the  difficulties 
opposing  such  an  enterprise.  The  report  itself  seems  to  have 
escaped  all  notice  but  that  taken  of  it  by  the  late  learned  minis- 
ter of  the  United  States  to  the  court  of  Berlin,  Mr.  Wheaton. 

In  his  public  life  of  thirty  consecutive  years  the  author  of  this 
narrative  never  made  but  one  partizan  speech,  which,  [if]  it 
needed  an  apology,  might  point  to  that  prostration  of  the  public 
credit  which  at  last  reduced  the  United  States  to  the  humiliating 
necessity  of  recruiting  an  exhausted  treasury  by  hawking  the 
public  securities  bearing  six  per  cent,  interest  through  the  money 
markets  of  Europe,  while  nations  of  that  continent  were  borrow- 
ing at  five  per  cent,  of  each  other  without  difficulty.  With  the 
single  exception  of  his  criticism  upon-  a treasury  report  at  the 

extra  session  of  , the  whole  public  life  of  the 

writer  of  this  memoir  was  prompted  by  the  desire  to  be  useful 
rather  than  distinguished,  and  to  soothe  and  allay,  rather  than 
excite,  party  spirit ; to  sustain  the  dignity  of  Congress  by  sup- 
pressing disorder  among  its  members,  and  sustaining  the  author- 
ity of  its  rules. 

If  ever  he  seemed  to  interfere  officiously  in  the  angry  con- 


Hon.  Charles  Fenton  Mercer 


23 


troversies  of  its  members,  his  motive  was  to  settle  within  the 
House  quarrels  which,  if  left  to  rankle  out  of  it,  might  lead  to 
fatal  results. 

The  last  resolutions  which  he  laid  upon  the  table  of  the 
House  contemplated  a reduction  of  the  overgrown  power  aris- 
ing from  the  vast  and  annually  increasing  patronage  of  the  Presi- 
dent, a measure  favoured  ever  by  the  minority  when  out  of 
power,  but  never  as  yet  by  the  majority  who  share  its  benefit,  and 
therefore  often  proposed  but  never  accomplished.  Had  he  re- 
mained a member  of  Congress,  he  would  have  devoted  the  residue 
of  his  life  to  that  object,  which  he  thought  attainable  to  a great 
extent  without  anj^  amendment  of  the  Constitution.  One  of  Its 
immediate  and  best  effects  would  be  to  diminish  the  excitement 
which  the  vast  extent  and  the  gross  abuse  of  that  power  infuses 
into  every  presidential  election,  and  to  guard  the  Union  against 
the  untried  danger  of  a presidential  election  contested  on  the 
ground  of  fraud  or  violence. 

May  not  some  hope  be  indulged  that  the  gallant  soldier  [Gen. 
Taylor]  and  patriotic  citizen  now  at  the  head  of  the  government, 
untrammeled  by  party  pledges,  and  holding  unsought  the  highest 
station  by  the  voice  of  the  freest  people  on  earth,  will  have  the 
magnanimity  to  guard  his  country  against  such  a calamity  in  the 
only  effectual  mode  by  relinquishing  a part  of  his  own  power ! 

In  December,  1839,  the  writer  of  this  narrative  closed  a ser- 
vice in  eight  sessions  of  the  Virginia  Legislature  and  forty-eight 
sessions  of  Congress  by  resigning  his  seat  in  the  House  of  Repre- 
sentatives shortly  after  he  had  resumed  it  pursuant  to  the  votes 
of  an  increased  majority  of  his  constituents  in  a district  adjacent 
to  the  seat  of  government. 

He  had  entered  public  life  with  an  ample  fortune;  he  left 
it  encumbered  with  debts  which  made  his  retirement  an  act  of 
justice  to  his  creditors.  It  is  his  pride  to  reflect  that  those  debts 
have  since  been  paid,  and  that  not  one  cent  of  them  arose  from 
the  cost  of  nineteen  elections — many  of  which  were  closely  con- 
tested. 

On  a review  of  his  past  life,  it  is  with  pleasure  he  remembers 
that  those  associates  who  most  differed  Irom  him  in  opinion 


24 


Biographical  Sketch 


united  with  his  political  friends  in  doing  him  unmerited  honor 
at  his  separation  from  them  as  well  in  Washington  as  in  Rich- 
mond, and  that  he  thrice  received  the  same  compliment  from 
Western  Virginia,  the  bone  and  sinew  of  his  native  State. 

He  has  not  been  idle  since  his  retirement  from  the  House  of 
Representatives.  Two  voyages  to  Europe,  six  to  Texas,  added 
to  two  years  spent  on  his  farm  in  Kentucky,  added  to  two  jour- 
neys from  Florida  to  Boston,  have  rendered  the  last  nine  years 
of  his  life  one  of  business  rather  than  a rest  from  labor.  He  has 
yet  to  try  a life  of  solitude  and  comparative  inaction,  a life 
which  has  often  proved  fatal  to  minds  accustomed  to  mental  ex- 
citement. 

From  the  preceding  narrative,  extended  beyond  any  antici- 
pation of  the  writer,  some  of  the  most  interesting  events  of  his 
public  life  have,  he  perceives  on  a review  of  it,  been  omitted, 
among  them  the  motion  to  give  a pension  and  a sword  to  the 
gallant  son  of  Virginia  when  bowed  down  by  age  and  paralyzed 
by  disease,  the  heroic  George  Rogers  Clark,  a measure  the  under- 
signed ventured  to  introduce  without  the  knowledge  of  himself 
or  his  friends.  The  sword  was  to  re-enstate  one  he  had  broken 
in  indignant  feeling  at  the  rejection  of  his  accounts  at  the 
treasury  of  his  native  State,  which  in  fact  led  to  the  ruin  of  his 
fortune.  But  more  than  enough  has  been  written,  as  the  under- 
signed greatly  fears  to  subject  him  to  the  charge  of  egotism  by 
a less  partial  critic  than  the  Secretary  of  State,  to  whom  this 
memoir  is  confided. 

C-  F.  Mercer, 

Washington,  March  14,  1849.” 

[Endorsed  in  his  own  handwriting:  “Materials  for  a Life  of 
C.  F.  Mercer.”] 

This  autobiographical  sketch  deserves  enlargement  in  some 
particulars.  While  at  Princeton  College  Mercer  became  an  inti- 
mate friend  jOf  John  Henry  Hobart,  later  Protestant  Episcopal 
bishop  of  the  diocese  of  New  York,  and  letters  interchanged  be- 
tween them  will  be  found  in  Dr.  McVicar’s  “Early  Life  and 


Hon.  Charles  Fenton  Mercer 


25 


Professional  Years  of  Bishop  Hobart.”  During  his  college  years, 
and  his  first  trip  to  Europe  in  1802-3,  his  home  was  with  his  sis- 
ter and  brother-in-law,  Hon.  James  Mercer  Garnett,  at  Elm- 
wood, Essex  County,  Virginia.  After  his  return  from  Europe, 
he  made  a home  of  his  own  at  “Aldie,”  Loudoun  County,  Vir- 
ginia, on  a tract  of  land  along  the  Bull  Run  mountains,  of  some 
three  hundred  acres  bequeathed  to  him  by  his  father,  Judge  James 
Mercer,  and  named  by  himself  from  “Aldie  Castle”  in  Perthshire, 
Scotland,  which  he  conceived  to  be  the  home  of  his  Mer- 
cer ancestors,  but  there  is  no  positive  proof  of  this  remaining.'’ 

The  letters  in  the  “Life  of  Bishop  Hobart”  give  an  interesting 
account  of  their  early  friendship,  and  of  a vacation  visit  paid  to 
Mercer  by  Hobart  at  “Elmwood,”  Essex  County,  Virginia,  the 
residence  of  his  brother-in-law,  Hon.  James  Mercer  Garnett.* 
The  latter  was  much  pleased  with  his  visit  and  thought  of  set- 
tling in  Virginia- 

The  letters  quoted  below  give  a brief  view  of  this  period  of 
Mercer’s  life.  After  his  graduation  Mercer  returned  to  Princeton 
and  remained  there  for  three  years  studying  law.  In  1802  he 
visited  Europe  in  the  effort  to  recover  property  once  belonging 
to  his  uncle.  Col.  George  Mercer,  of  the  Gontinental  service  dur- 
ing the  French  and  Indian  war.  Gol.  Mercer  was  a colleague  and 
friend  of  Col.  George  Washington,  and  represented  Frederick 
County,  Virginia,  in  the  House  of  Burgesses  with  him  in  1762, 
and  until  he  went  to  England  as  agent  of  the  Ohio  company,  of 
which  his  father,  John  Mercer,  of  “Marlborough,”  was  the  Secre- 
tary. Col.  George  Mercer  was  appointed  distributor  of  stamps  in 
1765,  but  being  unable  to  issue  them,  he  resigned  and  returned  to 
England.  He  married  Mary  Neville,  of  Lincoln,  in  1767,  who 


3 The  writes  visited  this  place  in  1869,  and  found  it  a small  and 
dilapidated  stone  building,  in  the  lower  story  of  which  cattle  were  then 
stabled.  It  had  long  since  been  disused  as  a residence.  The  property 
was  in  the  hands  of  a care-taker,  who  informed  him  that  it  was  owned 
by  the  Baroness  of  Keith  and  Nairn,  a descendant  of  the  Mercer  family,  -f 

-j-  See  Black’s  “Guide  to  Scotland”  in  which  this  castle  is  mentioned. 

♦ See  my  sketch  of  the  Life  of  Hon.  James  Mercer  Garnett. 


26 


Biographical  Sketch 


died  in  Richmond,  Va.,  in  1768.  He  then  returned  to  England 
and  died  there  in  1784.® 

[The  following  letters  are  taken  from  Dr.  John  McVicar’s 
“The  Early  Life  and  Professional  Years  of  Bishop  Hobart, 
Oxford:  D.  A.  Talboys,  MDCCCXXXVHI,”  bequeathed  to 
the  writer  by  his  great-uncle,  C.  F.  Mercer. 

I have  also  a copy  of  the  earlier  work,  “The  Professional 
Years  of  Bishop  Hobart,”  New  York,  MDCCCXXXVI,  in- 
scribed to  the  writer’s  mother,  “Mrs.  F.  I.  Garnett,  from  her 
uncle,  C.  F.  Mercer,  Jany.  16,  1852.” 

The  writer’s  family  spent  from  August,  1851,  to  February, 
1852,  with  his  great-uncle  at  his  residence,  “Fentonville,”  on  the 
Kentucky  river,  near  Carrollton,  Ky.,  at  which  place  the  Ken- 
tucky river  empties  into  the  Ohio-  The  writer’s  father,  Theodore 
S.  Garnett,  a civil  engineer  by  profession,  was  at  that  time  en- 
gaged in  surveying  a railroad  line  in  Kentucky,  which  passed 
through  Drennan,  the  site  of  the  Kentucky  Military  Institute. 
In  February,  1852,  the  writer’s  family  removed  to  Hillsboro’, 
N.  C.,  and  his  father  was  engaged  on  the  North  Carolina  Central 
Railroad  running  from  Goldsboro’  to  Charlotte,  now  the  main 
line  in  North  Carolina  of  the  Southern  Railway.  In  1856,  his 
family  removed  to  Tallahassee,  Florida,  where  his  father  was 
chief  engineer  of  the  Pensacola  and  Atlantic  R.  R.] 

(J.  H.  Hobart  to  his  mother-) 

Princeton,  August  28th,  1797. 

* * * It  seems  as  if,  whatever  losses  I may  sustain,  I am 
not  to  be  left  wholly  destitute  of  those  enjoyments  my  feelings 
lead  me  most  to  value.  I have  experienced  from  an  amiable 
young  man  (Mercer)  who  lives  with  me,  the  sage  counsel  of 
manhood,  with  the  tenderness  and  affection  of  the  warmest  heart. 
He  receives  the  first  honours  of  his  class,  and  graduates  this  fall, 
and  presses  me  with  tender  solicitude  to  spend  the  six  weeks’ 

5 See  my  skeleli  of  Judge  James  Mercer,  in  the  William  and  Mary 
College  Quarterly  for  December,  1908,  and  January,  1909. 


Hon.  Charles  Fenton  Mercer  27 

vacation  with  him,  in  Virginia.  The  disinterested  kindness  with 
which  he  urges  the  necessity  of  some  great  change  of  scene  for 
my  health  and  spirits,  with  my  own  conviction  that  it  would  be 
beneficial,  incline  me  to  go.  I mention  these  circumstances  that 
I may  receive  direction  and  advice  upon  the  subject.  I am,  my 
dear  mamma,  your  sincerely  affectionate 

John  H.  Hobart. 

(J.  H-  Hobart  to  his  mother.) 

Fredericksburgh,  October  26,  [1797.] 

My  dear  Mamma. — I got  to  this  place  from  Mr.  Garnett’s 
in  Essex  County,  about  an  hour  ago ; but,  on  application  at  the 
office,  find  the  stage  full,  and  no  possibility  of  my  getting  on 
before  Monday.  I don’t  know  wEen  I have  met  with  a severer 
disappointment.  Considering  the  short  time  I shall  be  with  you, 
two  days  are  of  material  consequence.  I must,  however,  sub- 
mit, and  endeavour  to  make  myself  as  contented  as  possible.  You 
may  expect  to  see  me  much  fatter  than  when  I left  home ; but  still 
do  not  raise  your  expectations  too  high.  I don’t  know  when  I 
have  spent  my  time  more  agreeably.  The  family  in  which  I have 
been  form  a scene  of  domestic  happiness  that  my  imagination  has 
often  painted,  but  such  as  I have  never  before  found  realized. 
Ever)^  want  and  even  wish  supplied  by  an  amply  sufficiency,  con- 
tent beams,  I may  say,  in  every  countenance.  And  then  their 
manners,  unfettered  by  the  artificial  forms  of  politeness,  and  yet 
entirely  removed  from  rustic  plainness,  mark  the  artless  expres- 
sion of  internal  goodness  wishing  to  dispense  happiness  to  all 
around.  In  such  society  could  I be  otherwise  than  happy?  With 
love  to  all,  yours,  etc-. 


John  H.  Hobart. 


28 


Biographical  Sketch 


(J.  H.  Hobart  to  C.  F.  Mercer.) 

Philadelphia,  November  5th,  1797. 

I was  disappointed,  my  dear  Mercer,  in  not  getting  a letter 
from  you  by  yesterday’s  mail.  The  amiable  and  delightful  society 
of  Essex  are  almost  constantly  in  my  thoughts ; I fancy  myself 
still  among  them,  and  I cherish  the  pleasing  delusion.  The  time 
spent  there  was  a period  of  unaffected  happiness,  such  as  I never 
before  enjoyed:  it  was  perfectly  congenial  to  my  wishes:  it 
realized  those  scenes  of  domestic  bliss  and  social  life,  amiable  and 
refined, — of  simplicity  and  ardent  benevolence,  which  my  imagi- 
nation has  often  exhibited  to  me,  but  rather  as  visionary  forms 
with  which  she  so  often  dazzles  us,  than  as  realities  that  I should 
ever  enjoy  in  this  world.  If  I am  ever  happy  in  life,  it  can  only  be 
in  such  society  as  that ; and  I am  daily  and  hourly  more  confirmed 
in  the  plan  I had  thought  of,  to  settle  in  Virginia.  The  obstacles 
to  this  plan  from  this  quarter,  though  I never  supposed  they 
would  be  serious,  are  even  less  than  I expected ; and  what  sanc- 
tions my  wishes  is  the  consideration,  that,  where  I can  live  most 
happily,  I can  there  be  also  most  useful.  Yes,  my  dear  Mercer, 
the  affable  and  open  manners  of  those  of  the  Virginians  I have 
seen,  their  desire  and  constant  attention  to  make  others  happy, 
are  precisely  what  I have  always  wished  to  find  in  the  society 
where  I should  fix.  And  if  the  ardent  desire  of  my  soul  should 
be  gratified  in  possessing  the  affections  of  one  who  possesses  all 
mine,  where  is  the  constituent  of  human  bliss  that  I should 
need  ? But  let  me  moderate  these  anticipations  of  happiness ; let 
me  remember  that  disappointment  and  affliction  must  still  attend 
my  weary  pilgrimage.  To  you,  my  much-loved  Mercer,  I owe 
much,  very  much.  Your  counsel  has  aided  me ; your  sympathy 
has  soothed  me ; your  unwearied  attentions  and  exertions  have 
contributed  to  restore  peace  to  a disordered  mind.  Let  me  still, 
my  dearest  friend,  enjoy  your  friendship,  and  I shall  have  at 
least  one  worldly  comfort  among  its  many,  many  sorrows.  Do 
not  think  of  renouncing  your  plan  of  returning  to  Princeton : as 
it  respects  advantages  for  study  and  means  of  enjoyment,  it  is  in 
every  way  most  eligible. 


Hon.  Charles  Fenton  Mercer 


29 


Remember  me  affectionately  to  your  sister  and  the  rest  of  the 
family  at  Essex ; and  when  you  have  an  opportunity,  let  your 
friends  at  Salvington  know  that  I shall  not  soon  forget  their 
kind  attentions  to  me. 

With  much  affection,  yours, 

J.  H.  Hobart. 

(J.  H.  Hobart  to  C.  F.  Mercer.) 

Princeton,  November  21,  1797. 

My  dear  Mercer. — I have  been  waiting  impatiently  to  hear 
from  you,  both  while  I was  in  Philadelphia,  and  since  I came  to 
this  place-  I directed  my  letter  to  you  at  Fredericksburgh,  at 
which  place  you  will  doubtless  be  before  you  come  on.  You  see 
I am  calculating  on  this  event.  Indeed,  I believe  it  will  be  so  in- 
strumental to  your  improvement  and  happiness,  that  I am  par- 
ticularly desirous  of  it.  Your  old  room  shall  receive  you.  I will 
welcome  you  with  open  arms,  and  you  will  enjoy  happiness  from 
the  society  of  those  who  esteem  and  love  you.  Believe  me  there 
are  not  a few  particularly  earnest  in  their  inquiries  when  you 
are  coming.  I have  received  two  kind  and,  let  me  add,  tenderly 
affectionate  letters  from  Mr.  Garnett  and  your  sister.  Oh ! my 
friend,  what  a luxury  it  is  to  me  to  enjoy  the  esteem  of  the  vir- 
tuous and  the  feeling!  I sometimes  think  I am  too  desirous  of 
it ; it  makes  my  happiness  depend  too  much  upon  others ; it  ren- 
ders me  tremblingly,  and  often  painfully  alive  even  to  the  ap- 
pearance of  displeasure  in  them,  and  consequently  to  the  small- 
est error  in  myself.  But  the  society  of  your  friends  in  Essex 
yielded  me  a pleasure  indeed  unmixed  with  pain.  I never  think 
of  them  but  with  emotions  of  the  highest  affection;  and  am  only 
pained  that  it  is  not  in  my  power  to  express  my  feelings  other- 
wise than  by  words.  Let  their  own  goodness  of  heart  supply 
what  words  must  ever  want.  Let  me  again  express  the  interest 
I take  in  your  return,  if  yourself  and  friends  should  deem  it 
proper.  In  no  place  can  you  enjoy  equal  advantages  for  study; 


30 


Biographical  Sketch 


in  no  place,  I think,  will  external  circumstances  be  more  favour- 
able to  your  happiness-  True,  it  is  our  first  duty  to  adapt  our 
minds  to  our  situation,  and  thus  learn  to  be  content  in  any ; and 
I trust  you  will  always  endeavour  to  be  so ; but  then  we  are 
not  required,  for  the  mere  sake  of  self-denial,  to  relinquish  any 
real  happiness.  Let  then  the  enjoyments  of  a college  life  again 
be  yours. 

With  the  sincerest  friendship,  truly  yours, 

J.  H.  Hobart. 

(J.  H.  Hobart  to  C.  F.  Mercer.) 

POTTSGROVE,  May  15th,  1798. 

I cannot  express  to  you,  my  dear  Mercer,  the  pleasure  I re- 
ceived from  your  letter.  It  spoke  a language  that  touched  my 
heart,  and  excited  all  its  tenderest  affections.  Friendship  when 
sincere,  it  is  said,  burns  with  a steady  flame;  its  joys  are  even 
and  tranquil,  but  there  certainly  are  moments  when  kindred 
spirits  swell  their  joys  into  rapture.  In  a moment  of  this  kind, 
my  dear  Mercer,  you  poured  forth  your  tender  expressions.  My 
soul  united  with  yours,  and  though  at  the  distance  of  many  miles, 
I pressed  you  to  my  bosom.  My  much  loved  friend,  I feel  an  af- 
fection at  my  heart  too  big  for  utterance.  The  tender  and  ami- 
able disposition  of  heart  that  first  attracted  me  to  you,  has  ap- 
peared more  worthy  of  my  love,  the  more  I know  of  it ; and 
when  I found  it  united  with  the  powers  of  genius,  and  firm  and 
noble  principles,  admiration  and  respect  were  joined  to  affec- 
tion. If  therefore  my  heart  has  fixed  on  you  with  fond  attach- 
ment, if  I have  delighted  in  your  society,  and  sought  every  means 
in  my  power  to  make  you  happy,  the  impulse  was  natural,  the 
exertion  involuntary.  But,  my  dear  Mercer,  I gave  no  counsel 
that  was  not  repaid  with  rich  increase, — I gave  no  consolation 
that  was  not  poured  back  a hundred-fold  into  my  own  bosom. 

I owe  to  your  goodness,  to  your  prudent  counsel,  to  your  sym- 
pathy, your  tender  and  assiduous  attentions,  all  that  I can  ever 


Hon.  Charles  Fenton  Mercer 


31 


owe  to  the  most  ardent  and  faithful  of  friends,  and  I trust  that 
neither  the  chances  nor  duties  of  life  will  prevent  many  happy 
meetings  between  us.  But  I have  become  familiar  with  separa- 
tion- My  dearest  friends  have  been  torn  from  me  for  life,  and 
these  mournful  events,  under  the  counsels  of  religion,  have 
moderated  the  violence  of  my  feelings.  I now  more  fully  realize, 
I trust,  the  duty  of  resignation  to  God  in  all  the  events,  and  under 
all  the  circumstances  of  life,  teaching  me  to  submit  with  holy 
confidence  to  all  his  dispensations,  and  directing  my  affections 
to  that  glorious  state  where  my  soul  shall  be  satisfied  with  the 
fruition  of  God,  and  where  I shall  be  reunited  to  those  I have 
here  loved.  But  perhaps  this  composure  is  only  vain  confidence, 
and  any  severe  or  unexpected  trial  would  awaken,  as  hitherto, 
sorrow  and  repining.  I already  begin  to  regret  that  scene  of  re- 
tirement and  study  I enjoyed  at  Princeton,  where,  in  the  society 
of  a few  select  friends,  the  vain  desires  of  the  world  were  shut 
out,  and  improving  intercourse  enlivened  our  spirits.  But  I 
check  these  emotions  as  inconsistent  wtih  my  duty,  and  destruc- 
tive of  my  peace,  and  resolve  to  endeavour  at  least  to  be  con- 
tented with  any  situation  in  which  I may  be  placed,  while  the 
review  of  past  scenes  of  happiness  will  ever  be  the  subject  of  my 
most  soothing  and  pleasing  thoughts. 

College,  I suppose,  is  again  settled-  May  you  experience  in  it 
both  happiness  and  improvement.  Few  are  more  indebted  to 
nature  than  yourself,  and  the  assiduous  cultivation  of  your  powers 
(to  which  indeed  you  are  so  strongly  disposed)  is  the  only  way 
to  repay  the  debt.  I am  daily  more  sensible  to  the  advantages 
of  your  situation,  and  regret  that  my  health  and  spirits  would 
not  permit  me  to  enjoy  them  longer.  Something  more  I now  find 
is  necessary  to  improvement  than  retirement  and  leisure,  or  even 
a strong  sense  of  the  value  of  knowledge.  There  must  be  occa- 
sional contrasts  with  others  to  show  us  our  defects,  and  to 
sharpen  our  diligence — there  must  be  literary  conversation 
to  unbend  the  mind  without  dissipating  its  vigour — there 
must  be  scientific  meetings  to  compel  us  to  investigate  useful 
subjects,  and  extend  our  knowledge  of  them.  All  these  you  have 
at  Princeton  in  greater  perfection  than  any  where  else  I know 


32 


Biographical  Sketch 


of ; and  were  it  not  impracticable,  I should  even  now  resolve  to 
spend  there  two  or  three  years  more,  unfettered  by  an  office,  the 
duties  and  cares  of  which,  while  there,  absorbed  my  time  and 
bowed  down  my  spirits.  I am  therefore  desirous,  my  dear  Mer- 
cer, that  you  should  remain  there  as  long  as  with  propriety  you 
can.  Do  not  suffer  temporary  inconveniences,  or  even  perma- 
nent ones,  to  make  you  dissatisfied-  We  always  think  we  shall 
do  better  in  some  other  situation  than  the  one  we  are  in.  The 
disadvantages  of  a present  situation  are  always  felt,  while  those 
of  another  are  either  unthought  of  or  but  imperfectly  realized. 
I have  often  found  this  the  case,  at  least,  I know  with  myself. 

College  scenes  and  engagements,  our  pleasant  walks,  our 
cheerful  meetings,  often  come  over  me  with  great  force,  and 
occupy  my  thoughts,  so  that  I find  it  necessary  in  order  to  pre- 
serve contentment,  to  magnify  as  much  as  possible  my  present  or 
future  advantages.  I wish  much  to  pay  you  a visit,  but  know  not 
when  it  will  be  practicable.  I shall  expect  with  eager  desire  to 
see  you  at  Frankfort.  In  your  society  I shall  experience  a joy 
I have  not  felt  since  I left  Princeton. 

The  first  Sunday  in  June  is  fixed  on  for  my  ordination. 
Whatever  concerns  me  I know  will  excite  your  affectionate  inter- 
est, and  you  shall  therefore  hear  of  all ; and  be  assured,  my  dear 
Mercer,  that  I am  no  less  anxious  for  your  welfare  and  happiness. 
I am  as  well  as  I had  probably  any  reason  to  expect,  though  not 
as  well  as  I could  wish,  and  in  proportion  as  I can  settle  my  mind 
to  perfect  reliance  on  the  Divine  will,  I am  happy.  With  you,  my 
dear  Mercer,  I am  persuaded  that  this  alone  is  the  source  of 
real  happiness. 

Your  affectionate 

J.  H.  Hobart. 

1 

Princeton,  July  14th,  1799. 

I am  doubtful,  my  dear  Mercer,  whether  or  not  to  write  to 
you,  as  I suspect  you  will  be  on  your  way  home.  I will  write, 
however,  were  it  but  to  assure  you  that  no  absence,  no  engage- 
ment can  make  me  forget  you.  I have  much  wished  that  you 


Hon.  Charles  Fenton  Mercer  33 

were  here,  that  I might  advise  with  you  on  the  subject  of  my 
future  plans- 

I spent  a week  on  Long-Island.  The  village  of  Hempstead, 
within  which  is  the  church  and  parsonage,  lies  at  the  south  bor- 
der of  an  uncultivated  plain,  about  four  or  five  miles  in  width. 
A residence  there  would  be  very  retired ; I am  almost  afraid  too 
much  so  for  me.  You  may,  perhaps,  wonder  at  this,  after  my 
frequent  eulogies  on  a retired  life ; but  remember  that  at  Prince- 
ton, though  retired  from  the  busy  and  gay  world,  I yet  enjoyed 
the  highest  pleasures  of  society  in  daily  intercourse  with  intelli- 
gent and  affectionate  friends.  However,  should  I go,  I must 
summon  resolution  to  occupy  my  mind  wholly  with  study,  and 
the  duties  of  my  profession,  till  I find  in  domestic  joys  a solace 
for  low  spirits  and  disquietude ; and  I rather  think  Miss  C.’s 
wishes,  which  would  determine  mine,  are  in  favour  of  Hemp- 
stead. 

To  your  sister,  and  all  friends,  give  my  warmest  affection.  I 
long  once  again  to  embrace  you,  and  rest  assured,  that,  with  the 
most  fervent  prayers  for  your  welfare  and  happiness,  I am 

Your  faithful  and  affectionate, 

J.  H.  Hobart. 

(From  letter  of  introduction  of  Rev.  J.  H.  Hobart  to  Rev- 
Dr.  Boucher,  Vicar  of  Epsom,  England.) 

New  York,  November  22,  1802. 

Charles  F.  Mercer,  Esq.,  carries  a letter  of  introduction  from 
the  Rev.  Mr.  Waugh,  but  I cannot  refrain  from  mentioning  those 
traits  of  his  character  which  have  been  the  foundation  of  the 
closest  friendship  between  us.  Intelligent  and  amiable,  ardent  in 
his  feelings,  and  persevering  and  noble  in  all  his  aims,  he  obtains 
general  esteem  and  respect  wherever  he  is  known;  and,  what  will 
enhance  his  character  in  your  estimation,  he  has,  in  this  age  of 
degeneracy,  openly  professed  his  belief  in  the  religion  of  Jesus, 
and  among  the  young  men  of  his  country  afforded  almost  a 


34 


Biographical  Sketch 


solitary  example  of  a consistent  and  uniform  submission  to  the 
faith,  the  ordinances,  and  precepts  of  the  Gospel. 

Be  pleased  to  excuse  the  long  encroachment  which  I have 
made  on  your  time.  Accept  my  most  ardent  wishes  that  your  de- 
clining years  may  be  cheered  by  all  the  exalted  rewards  of  dis- 
tinguished science  and  eminent  piety-  Permit  me  to  subscribe 
myself. 

Most  respectfully. 

Your  obedient  servant, 

John  H.  Hobart. 

fC.  F.  Mercer  to  J.  H.  Hobart.) 

Leicester  Place,  London,  July  29th,  1803. 

I believed,  for  a moment,  that  I saw  the  old  patriarchal  sim- 
plicity revived;  and  I felt  deeply  interested  in  the  journey  which 
the  venerable  head  of  this  amiable  family  was  performing.  His 
gardens,  his  grounds,  his  house,  his  library,  and  the  af¥ection  with 
which  he  seemed  to  be  regarded  by  all  around  him,  gave  me  a very 
pleasing  view  of  his  character.  They  told  me  that  he  used  to  say 
that  his  three  temporal  blessings  were,  his  family  first,  his  books 
next,  and  his  garden.  He  preserves  an  afifectionate  remembrance 
of  our  country.  His  daughter  pointed  out  to  me  many  Ameri- 
can plants  and  trees  which  he  had  nurtured  with  great  care.  I 
was  particularly  pleased  with  his  library,  which  is  the  largest  I 
ever  saw  in  a private  house ; it  must  contain  five  thousand  volumes. 

The  most  interesting  object  in  it  was  a pile  of  quarto  manu- 
scripts, two  feet  high,  which  comprised,  I was  told,  the  first  part 
of  his  Archaeological  Dictionary.  The  unfinished  remainder,  I un- 
derstood, would  occupy  as  many  more,  and  require  his  unremit- 
ting attention  for  several  years.  All  the  books,  amounting  to  six 
or  seven  hundred  volumes,  which  he  had  consulted  in  the  course 
of  his  labours,  were  neatly  arranged  in  the  middle  of  his  library, 
on  a separate  stand  of  shelves. 

From  the  windows  of  his  library  the  Doctor  has  a prospect  of 
some  of  his  American  trees,  and  of  a beautiful  green,  surround- 


Hon.  Charles  Fenton  Mercer 


35 


ing  a sheet  of  clear  water ; this  is  itself  encompassed  by  a walk 
consisting  of  a double  row  of  evergreens  and  tall  trees,  which, 
obstructing  the  view  of  every  outward  object,  must  peculiarly  dis- 
pose the  mind  to  abstract  study. 

I bade  adieu  to  this  charming  retreat,  and  this  worthy  family, 
which  reminded  me  sorrowfully  of  my  distant  home  and  friends, 
on  the  evening  of  the  second  day  after  I entered  Epsom. 

[C.  F.  Mercer.] 

(J.  H.  Hobart  to  C.  F.  Mercer.) 

New  York,  February  19th,  1814. 

My  dear  Mercer. — This  will  be  handed  to  you  by  the  Rev.  R. 
C.  Moore,  D.  D.,  of  this  city,  who  has  received  very  pressing  soli- 
citations to  take  charge  of  the  new  church  at  Richmond.®  The 
interest  you  have  taken,  my  dear  Mercer,  in  my  concerns,  has 
doubtless  led  you  to  notice  Dr.  Moore’s  name,  as  connected  with 
the  late  differences  in  the  Church  here ; I think  it,  therefore,  due 
to  him  to  state  that  he  did  not  advise  or  sanction  the  publica- 
tion of  Mr.  Jones ; that  the  part  he  took  in  his  favour  was  dictated 
by  a sense  of  obligations  to  him,  and  not  by  any  motives  of  hos- 
tility to  me ; that  since  the  settlement  of  the  question  by  diocesan 
authority.  Dr.  Moore  has  acted  with  the  utmost  propriety  as  re- 
gards the  authority  of  the  Church,  and  with  great  kindness  to- 
ward me,  and  has  in  no  degree  abetted  Mr.  Jones  in  any  of  his  re- 
cent measures  hostile  to  the  order,  interest,  and  peace  of  the 
Church.  So  confident,  indeed,  am  I of  Dr.  Moore’s  friendship 
and  co-operation,  that  in  this  point  of  view  I shall  regret  his  re- 
moval out  of  this  Diocese. 

On  the  subject  of  the  Church,  my  dear  Mercer,  you  know  my 
principles,  views  and  feelings ; you  know  my  attachment  to  her 
primitive  order  and  inimitable  worship,  as  well  as  to  her  evan- 
gelical doctrines ; you  know  how  I have  mourned  over  the  deso- 
lations of  our  Zion  in  your  State,  and  how  my  heart  has  grieved 

6 The  Monumental  Church,  so-called,  as  being  erected  on  the  ruins  of 
the  theatre  burnt;  an  event  which  desolated  the  families  of  Richmond  by 
the  members  of  those  destroyed  in  the  conflagration. 


36 


Biographical  Sketch 


at  beholding  that  Liturgy,  which  was  the  delight  and  glory  of 
holy  saints  now  in  that  paradise  for  which  its  sacred  devotions 
prepared  them,  neglected,  mutilated,  despised,  almost  trodden 
under  foot.  On  all  these  subjects  I have  had  full,  unreserved 
communications  with  Dr.  Moore,  which  have  resulted  in  an  en- 
tire persuasion  that,  should  he  settle  in  Virginia,  it  will  be  his  un- 
remitting endeavour,  combining  prudence  with  zeal  and  firmness, 
to  restore  our  Church  to  purity  and  vigour  in  her  doctrines,  in- 
stitutions and  worship. 

It  is  this  joyful  hope,  that,  by  the  Divine  blessing,  he  will  be 
instrumental  in  repairing  the  waste  places  of  our  Zion,  and  in 
building  her  up  in  the  beauty  of  holiness  that  leads  me  to  wish 
him  God-speed. 

I trust,  my  dear  Mercer,  he  will  receive  your  influence  in  his 
endeavours  to  remove  the  prejudices  which  subsist  against  our 
Church;  that  j'ou  will  aid  him  to  present  the  Liturgy  unmutilated, 
by  stating  among  your  friends  and  acquaintances  w^hen  necessary, 
that  this  is  required,  not  only  by  consistency  of  character,  but  by 
fidelity  to  his  ordination  vows ; and  by  reminding  him  of  those 
da3rs  when,  amidst  clergy  often  negligent  and  lukewarm,  and 
sometimes  immoral,  it  was  this  Liturgy  which  drew,  and  attached 
their  forefathers  to  the  Church. 

Mr.  Moore’s  character  justifies  the  expectation  that  he  will 
display  all  the  pious  zeal  and  activity  required  by  the  arduous 
stations  in  which  he  will  be  placed.  But  certainly,  were  I not 
persuaded  that  his  zeal  for  God’s  glory,  and  for  the  salvation  of 
men  would  be  regulated  by  the  form  of  sound  words  professed  by 
our  Church,  by  her  order  and  institutions,  I should  not  antici- 
pate, as  I now  do,  any  good  to  our  Church  from  his  going  among 
you.  I hope  he  may  find  you  in  Richmond,  and  that  I shall  hear 
from  you  on  his  return. 

Be  assured,  that,  different  as  are  our  pursuits,  and  distant  as 
we  are  in  place, 

I remain,  as  ever,  dear  Mercer, 

Most  affectionately, 

John  H.  Hobart. 


Hon.  Charles  Fenton  Mercer 


37 


(J.  H.  Hobart  to  C.  F.  Mercer.) 

New  York^  March  17th,  1815. 

My  dearest  Mercer. — I have  just  received  a letter  from  the 
Rev.  Mr.  Dunn,  which  fills  me  with  most  agonizing  apprehensions 
for  my  beloved  friend.  Though  he  states  that  the  physicians 
think  you  have  passed  the  crisis  of  your  disorder,  yet  still  your 
situation  was  such  as  to  excite  the  most  painful  solicitude.  Yet 
God  has  sent  this  visitation  in  mercy;  there  was  only  one  thing 
wanting  to  make  my  friend  one  of  the  most  perfect  of  men,  the  ex- 
perience of  the  renovating  power  of  religion,  a lively  sensibility  to 
his  need  of  the  mercy  and  grace  of  God,  through  the  Saviour  of 
the  world.  This  greatest  of  blessings  you  have  now  attained,  and 
I trust  it  has  been  followed  by  that  lively  view  of  the  fullness  of 
divine  mercy,  through  Jesus  Christ,  and  of  the  all-sufficiency  of 
the  merits  of  him  who  came  to  seek  and  to  save  that  which  was 
lost,  which  diffuses  through  the  soul  a peace  that  the  world  “can 
neither  give  nor  take  away.”  Your  future  life — and  oh,  may 
God  long  spare  it! — will,  I trust,  be  devoted  to  the  active  ser- 
vice of  Him  who  hath  “loved  you,  and  washed  you  from  your  sins 
in  his  own  blood.” 

Mr.  Dunn  informs  me  that  your  first  exclamation  on  seeing 
him  was  that  the  Prayer-book  had  been  your  comfort.  Let  me 
beseech  you,  my  dear  Mercer,  continue  to  value  it;  make  the 
Bible  and  the  Prayer-book  your  companions.  While  in  the 
affecting  service  for  the  communion  you  acknowledge  that  the 
“remembrance  of  your  sins  is  grievous  unto  you,  and  the  burthen 
intolerable,”  then  hear  addressed  unto  you  the  language  of  your 
Saviour,  “Come  unto  me  all  ye  that  labour,  and  I will  give  you 
rest.”  Do  not,  my  dear  Mercer,  distrust  the  love  of  God;  that 
love  which  gave  his  only  Son  to  die  for  you.  Do  not  distrust  the 
love  of  your  Redeemer ; that  love  which  endured  for  you  an 
agony  and  bloody  sweat,  a cross  and  its  passion.  Be  assured 
your  God  is  more  ready  to  receive  you  than  you  can  possibly  be 
to  go  unto  him. 

That  God  may  bless  you,  is  the  fervent  prayer  of 

Your  affectionate,  John  H.  Hobart. 


38 


Biographical  Sketch 


(C.  F.  Mercer  to  }.  H.  Hobart.) 

Locust  Hill,  near  Leesburg,  Va-, 

March  24th,  1815. 

My  beloved  Hobart’s  letter  did  not  reach  me  until  last  Tues- 
day, and  I make  a great  effort  today  to  write  a few  lines  in  re- 
ply to  it,  that  our  mail,  which  travels  but  once  in  the  week  to  the 
north,  may  take  charge  of  them  tomorrow. 

My  body  is  wasted  to  a skeleton,  and  my  mind  is,  I believe, 
impaired.  My  memory  of  what  passes  in  the  day  is  much  so ; 
but  it  pleases  Almighty  God  still  to  support  me.  Half  my  time  I 
spend  in  communion  with  him ; in  deploring  my  past  transgres- 
sions, and  pleading  for  his  forgiveness,  through  the  merits,  and 
in  the  name,  of  our  blessed  Saviour.  I use  in  the  morning  and 
evening,  with  the  assistance  of  a friend,  the  form  of  family  prayer 
provided  by  our  Church ; and  have  read  to  me  through  the  day, 
when  my  strength  will  permit  me  to  listen  to  advantage,  passages 
of  the  New  Testament.  I have  got  through  the  Gospel  of  St. 
Luke,  and  as  far  as  twenty  chapters  in  that  of  St.  Matthew. 

Mr.  Dunn  has  again  been  to  see  me,  and  was  so  kind  as  to 
remain  with  me  several  days.  I was  much  worse  after  his  first 
visit.  For  ten  days,  I expected  twice  in  each  day  to  breathe  my 
last-  It  is  only  within  a few  days  past  that  I have  thought  my 
recovery  probable.  I have  now  reached  the  twenty-seventh  day 
of  my  confinement,  but,  much  as  I have  suffered,  dearest  Hobart, 
I would  not  exchange  my  present  situation  to  obliterate  all  that 
has  passed  in  those  days  of  bodily  and  mental  anguish,  and  to 
be  restored  to  perfect  health  again.  Humility  and  resignation, 
and  the  blessed  assurance  that  my  numerous  sins  and  transgres- 
sions are  forgiven,  have  made  my  sick  bed,  a bed  of  roses,  my 
pillow,  the  pillow  of  repose. 

To  have  had  you,  my  beloved  friend,  to  soothe,  to  console,  and 
guide  my  often  sinking  and  wandering  spirit,  during  this  trial, 
would  have  been  the  first  wish  of  my  heart.  But  a merciful  God 
has  provided  me  with  some  pious  friends,  on  whose  bosoms  I have 


Hon.  Charles  Fenton  Mercer  39 

wept  tears  of  indescribable  joy.  The  happiest  hours  of  my  life 
have  been  spent  in  this  darkened  chamber. 

My  love  to  your  family,  dearest  Hobart,  and  may  Almighty 
God  of  his  infinite  mercy,  unite  us  again  in  a world  where  we 
shall  not  be  separated,  either  by  our  professions  or  our  abodes. 

Your  affectionate,  C.  F.  M. 

{To  James  M.  Garnett,  Esqr.,  Loretto,  Essex  County,  Virginia.) 

Secy-  of  State’s  Office, 
Washington,  April  29th,  1813. 

My  dear  Sir: — I shall  make  some  atonement  for  my  late 
silence,  in  reminding  you  of  a friend  who  just  now  inquired  very 
particularly  and  affectionately  for  you ; I mean  Mr.  F.  Key,  who 
I overtook,  on  his  way  to  Washington,  as  I returned  from  the 
Georgetown  post-office.  He  asked  me  to  accompany  him,  which 
I would  have  gladly  done,  but  for  the  business  which  brought 
me  here  yesterday  and  may  possibly  keep  me  here,  much  against 
my  inclination,  for  several  days  to  come.  The  unwelcome  task 
had  been  devolved  upon  me  to  press  the  Govt,  of  the  U.  S.,  for  a 
reimbursement  of  several  sums  of  money  expended  at  different 
times,  by  our  Commonwealth,  on  the  detachments  of  militia  which 
she  (furnished  for  her  own  defence,  or  that  of  other  states.  I 
have  written  a letter  to  Genl.  Armstrong  which  remains  un- 
answered; and  have  come  to  learn  his  decision  upon  the  subjects 
which  it  involves.  It  is  very  hard  to  get  from  these  patriots 
payment  for  services  already  performed-  I mean  to  stick  to  them, 
however,  until  they  give  me  an  answer  of  some  sort  or  other. 

I am  at  the  fountain  of  news : but  have  collected  none.  The 
worst  that  I have  heard,  and  the  most  acceptable  to  the  great 
men  of  this  place,  is  from  our  friend  Randolph’s  district.  I 
consider  his  election  lost.  Cumberland  will  not  carry  him  thro’. 
He  left  Washington  on  the  4th  of  March  in  very  bad  spirits,  and 
has  not,  since,  exerted  himself  sufficiently  to  defeat  the  unre- 
mitting efforts  of  his  numerous  and  zealous  enemies.  ...  I wish 


40 


Biographical  Sketch 


we  may  be  able  to  turn  his  attention  to  the  State  Legislature, 
where  I have,  for  some  time,  thought  his  presence  would  be  more 
useful  than  in  Congress.  Should  his  disappointment  (which  I 
do  not  expect)  prey  upon  his  spirits,  had  you  not  better  pay  him 
a visit  both  to  soothe  and  to  arouse  him? — He  has  taken  up  a 
very  unjust  opinion  of  himself — that  his  talents  are  declining — 
and  unless  inspired  to  renewed  action,  he  will  waste  away  the  best 
half,  that  which  remains,  of  his  valuable  life.  To  prevent  this  de- 
plorable result  of  a wounded  sensibility  should  be  the  object  of  all 
his  friends. 

Mr.  Monroe  is  the  only  person  whom  I visit  here.  I saw 
him  in  his  office  yesterday ; but  gathered  from  his  conversation 
nothing  which  could  interest  you.  The  dispatches  of  the  Rus- 
sian Embassy,  he  told  me,  had  been  forwarded  for  several  days, 
and  the  newly  appointed  ministers  were  daily  expected  to  embark 
for  Petersburg — I have  myself  no  hope  remaining  of  a success- 
ful termination  of  their  mission- 

My  anxiety  has  been  much  awakened  for  your  peace  in  Es- 
sex ; I mean  peace  of  mind ; for  I do  not  believe  that  the  British 
squadron  will  personally  incommode  you  inland  in  any  other  way. 
Their  forbearance  towards  Norfolk,  which  five  hundred  men 
might  have  carried,  with  great  ease  and  safety,  satisfies  me  that 
they  do  not  mean  to  invade  our  territory.  They  attain  their  ob- 
ject, at  least  in  Virginia,  without.  Our  drafted  militia  have  en- 
gaged as  substitutes  all  our  quota  of  the  Canadian  Army,  and 
the  four  thousand  militia  now  in  our  service  will  produce  a simi- 
lar diversion  of  the  treasure  of  the  Union.  The  defence  of  Vir- 
ginia, for  the  current  year,  will  not  cost  the  United  States  less 
than  two  millions;  and  if  all  the  other  Atlantic  States  follow  our 
example,  the  loan  will  be  consumed  without  any  aid  from  the 
conquerors  of  Canada.  . . . Our  Legislature  has  been  convened 
to  put  down  our  State  regiment,  to  which  I shall  give  my  cordial 
assent,  altho’  it  will  terminate  my  military  career.  I have  an 
abhorrence  of  State  armies.  They  constitute,  in  my  opinion,  the 
first  step  towards  disunion. 

I have  already,  while  in  a state  of  great  despondency,  written 
a few  lines  to  my  sister.  The  exertion  which  they  have  cost  me, 
aided  by  this  letter,  has  afforded  me  considerable  relief,  and  pre- 


Portrait  of  Hon.  Charles  Fenton  Mercer, 
painted  by  Chester  Harding  in  1830;  now  in  the 
Municipal  Engineering  Building  in  Washington. 
City. 


1 


Hon.  Charles  Fenton  Mercer 


41 


pared  me  much  better  than  I expected  for  my  interview  with 
Genl.  Armstrong,  which  I earnestly  hope  will  terminate  my  minis- 
terial functions. 

I hope  to  see  you  the  week  after  next  at  your  house,  which 
always  seems  to  me  more  like  a home  than  my  own.  I could 
easily  obtain  my  own  consent  never  to  see  the  latter  again- 

Very  affectionately 
yrs., 

C.  F.  Mercer. 

SERVICE  IN  CONGRESS. 

Gen.  Mercer  retired  from  the  House  of  Delegates  in  the 
spring  of  1817,  when  he  was  elected  to  Congress  from  the  Lou- 
doun district,  and  during  his  long  term  of  service  in  Congress, 
from  December,  1817,  to  January,  1840,  he  served  on  several 
committees,  among  the  most  important  being  that  on  Roads  and 
Canals,  and  that  on  the  District  of  Columbia.  There  are  pre- 
served in  the  corridors  of  the  Engineering  Building,  of  Washing- 
ton city,  the  portraits  of  those  who  served  as  Chairmen  of  the 
Committee  on  the  District  of  Columbia,  and  among  these  is  the 
portrait  of  Hon.  Charles  Fenton  Mercer,  the  only  one  known  to 
exist,  which  was  painted  in  pursuance  of  the  following  resolu- 
tions of  the  Aldermen  and  Common  Council  of  the  city  of  Wash- 
ington : 

“An  Act  authorizing  the  Mayor  to  request  Charles  Fenton 
Mercer  to  sit  for  his  portrait. 

Be  it  enacted  by  the  Board  of  Aldermen  and  Board  of  Com- 
mon Council,  of  the  city  of  Washington,  that  the  Mayor  be,  and 
he  is  hereby  authorized  to  request  Charles  Fenton  Mercer, 
of  Virginia,  to  sit  for  his  portrait,  to  be  taken  for  the  Corpora- 
tion and  placed  in  the  City  Hall. 

Sec.  2.  And  he  it  enacted,  that  the  expense  of  taking  such  por- 
trait shall  be  paid  out  of  the  general  fund. 

Joseph  Gales,  Jr.,  Mayor. 


Approved  June  3d,  1829;” 


42 


Biographical  Sketch 


and 


“An  Act  making  an  appropriation  to  pay  for  the  portrait 
of  Charles  Fenton  Mercer: 

Be  it  enacted  by  the  Board  of  Aldermen  and  Board  of  Com- 
mon Council,  of  the  city  of  Washington,  that  the  sum  of  one 
hundred  and  seventy-five  dollars,  be,  and  the  same  is  hereby  ap- 
propriated, out  of  the  general  fund,  to  pay  for  the  portrait  of 
Charles  Fenton  Mercer,  painted  by  Chester  Harding,  under  the 
authority  of  the  Act  passed  June  the  third,  eighteen  hundred  and 
twenty-nine. 

Approved  June  ist,  1830.” 

Charles  Fenton  Mercer  was  noted  as  a remarkable  conversa- 
tionalist, and  as  a speaker.  Very  many  of  his  speeches  are  con- 
tained in  the  Annals  of  Congress  and  in  the  Register  of  Debates. 
He  was  also  similarly  noted  in  the  House  of  Delegates  of  Vir- 
ginia, and  in  the  Virginia  Constitutional  Convention  of  1829-30. 
His  most  important  speech  was  delivered  in  the  latter  body  on 
November  4th  and  5th,  1829,  and  fills  thirty  pages  of  fine  print  in 
the  “Debates  of  the  Convention”  (pp.  174-204).  His  most  nota- 
ble paper  in  the  Virginia  House  of  Delegates  was  on  “The  Right 
of  Instruction,”  and  it  was  characterized  by  the  late  Professor 
John  B.  Minor,  for  fifty  years  professor  of  law  in  the  Univer- 
sity of  Virginia,  as  the  ablest  argument  on  this  subject  that  he 
had  ever  read.  The  Virginia  Legislature,  however,  by  a large 
majority,  sustained  his  opponent,  Mr.  B.  W.  Leigh.  Mr.  Mer- 
cer’s substitute  for  Mr.  Leigh’s  resolution  will  be  found  in  the 
Journal  of  the  House  of  Delegates  for  1811-12,  pp.  145-159, 
folio,  for  February  19,  1812.  In  Mr.  Mercer’s  copy  of  this  Jour- 
nal, which  is  in  my  possession,  will  be  found  a note  in  his  own 
handwriting  at  the  foot  of  p.  155:  “All  the  learning  here  dis- 
played will  be  found  in  one  of  Burgh’s  disquisitions.  It  is  quoted 
verbatim,  tho’  without  acknowledgment,  and  is  obviously  misap- 
plied.” 

In  the  last  year  of  his  service  in  the  Virginia  Legislature, 


Hon.  Charles  Fenton  Mercer 


43 


(1816-17)  Gen.  Mercer  presented  a bill  for  organizing  education 
in  Virginia,  including  a university,  which  passed  the  House  of 
Delegates  in  February,  1817,  but  was  defeated  in  the  Senate  by  a 
tie  vote  in  a slim  House  near  the  close  of  the  session.’'  Fie  was 
elected  to  Congress  during  that  spring  and  took  his  seat  in  De- 
cember, 1817,  which  prevented  the  further  prosecution  of  this 
effort  to  establish  a university  of  Virginia,  two  years  before  the 
charter  was  granted  for  the  present  university.  In  1826,  on  oc- 
casion of  receiving  the  degree  of  LL.  D.  from  Princeton  College, 
he  delivered  there  an  address  on  “Popular  Education,”  to  which, 
when  printed,  his  bill  of  1817  was  attached.®  It  will  also  be  found 
in  “Sundry  Documents  on  the  subject  of  a System  of  Public  Edu- 
cation for  the  State  of  Virginia,  1817.”  A copy  of  this  volume 
will  be  found  in  the  Library  of  the  Johns  Hopkins  University, 
Baltimore,  Md- 

Among  other  subjects  of  public  interest  that  occupied  his  at- 
tention, while  in  Congress,  were  efforts  in  behalf  of  the  Ameri- 
can Colonization  Society  and  of  the  Colonization  Society  of  Vir- 
ginia, of  which  last,  both  he  and  his  brother-in-law  and  cousin, 
Hon.  James  Mercer  Garnett,  were  Vice-Presidents  in  1836.  His 
last  visit  to  Europe  in  1853  had  for  its  object  conferences  with 
prominent  men  in  different  countries  on  the  abolition  of  the  slave 
trade,  and  he  went  as  far  as  St.  Petersburg  in  his  travels.  His 
was  a remarkable  instance  of  a man  of  seventy-five  years  of  age 
undertaking  such  a journey  in  the  prosecution  of  this  philan- 
thropic object.  But  for  the  officious  agitation  of  the  anti-slavery 
societies  of  the  thirties,  it  is  highly  probable  that  slavery  would 
have  been  gradually  abolished  in  Virginia  many  years  before  the 
war,  and  this  cause  of  the  war  would  have  ceased  to  operate,  for 
many  of  the  most  prominent  men  in  Virginia  were  opposed  to 
slavery,  but  were  not  to  be  forced  into  its  abolition.  In  this 
connection  it  may  be  mentioned  that  “In  1823,  Charles  Fenton 


7 See  my  History  of  the  University  of  Virginia,  Vol.  1.,  pp.  43-47, 
1899. 

8 A copy  of  this  speech  and  bill  was  in  the  Library  of  the  Universtiy 
of  Virginia,  but  it  was  destroyed  in  the  fire  of  October  27,  1895. 


44 


Biographical  Sketch 


Mercer  had  secured  the  passage  through  Congress  of  a resolu- 
tion authorizing  the  President  to  enter  into  such  an  arrange- 
ment” (i.  e.,  relating  to  the  rig-*ht  of  search),  ‘'but  the  thing  had 
fallen  through,”  (Tyler’s  ‘‘Letters  and  Times  of  the  Tylers,”  IT 
230)  ; and  again,  ‘‘It  was  C.  F.  Mercer,  a Virginian,  that  secured 
the  passage  through  Congress  of  a resolution  that  proposed  to  con- 
cede to  Great  Britain  the  mutual  right  of  search  of  vessels  sus- 
pected of  slave-trading  {op.  cit.,  II.,  469,  note  2).”  Mr.  Tyler 
says  further,  ‘‘Virginians  instituted  the  African  Colonization  So- 
ciety.” Not  only  this,  but  they  instituted  the  Virginia  Coloniza- 
tion Society,  the  beneficent  work  of  which  was  interfered  with 
by  the  abolitionists  of  the  North. 

If  people  would  mind  their  own  business,  and  let  other  peo- 
ple, whose  more  immediate  concern  it  is,  attend  to  theirs,  the 
world  would  get  along  better.  The  abolition  of  slavery  zvithoiit  a 
war  was  not  an  impossible  thing,  but  it  was  impossible  as  at- 
tempted. 

As  a further  illustration  of  Mr.  Mercer’s  ability  as  a speaker, 
I quote  from  Sargent’s  ‘‘Public  Men  and  Events,”  I.,  92,  refer- 
ring to  the  dinner  given  to  Lafayette  by  Congress  on  January 
I,  1825: 

‘‘Mr.  Clay  spoke  briefly,  but  with  great  feeling  and  eloquence. 

Col  Monroe,  who  was  present  less  in  his  official  character  as 
President  than  as  an  officer  of  the  Revolution,  responded  by  a 
toast,  but  Mr.  Charles  Fenton  Mercer  enchained  the  attention  of 
the  company,  not  only  by  his  very  eloquent  remarks,  but  also  by 
relating  many  circumstances  of  the  Revolutionary  struggle,  which 
he  must  have  obtained  from  General  Washington  and  ‘Light- 
Horse  Harry’  Lee,  who  had  both  been  his  neighbors,” — although 
not  very  near  neighbors,  but  both  were  his  correspondents. 

As  mentioned  above,  Gen.  Washington  had  offered  him,  when 
a young  man,  commissions  of  Lieutenant  and  Captain  of  cavalry, 
but  as  he  did  not  wish  to  devote  himself  to  the  profession  of  arms, 
he  declined  them.  His  subsequent  service  in  the  war  of  1812  was 
in  defence  of  his  country. 


Hon.  Charles  Fenton  Mercer 


45 


Presentation  of  Sword  to  Gen.  George  Rogers  Clark. 

The  following  letter  relating  to  the  presentation  of  the  second 
sword  to  Gen.  George  Rogers  Clark,  by  Charles  Fenton  Mercer, 
will  be  found  in  English’s  “Conquest  of  the  Northwest,  1778-83, 
and  Life  of  George  Rogers  Clark,’’  (Vol.  II.,  pp.  876-884,)  to- 
gether with  the  Act  of  the  Virginia  Legislature,  February  20, 
1812,  (pp.  876-7).  This  Act  was  proposed  by  the  Hon.  Charles 
Fenton  Mercer,  member  from  Loudoun  County,  Va.  The  letter  of 
Gen.  C.  F.  Mercer  to  Joseph  H.  Hawkins,  Esq.,  Lexington,  Ky., 
dated  Richmond,  Va.,  February  21,  1812,  is  given  in  English’s 
book,  (pp.  878-880)  : “I  have  it  in  my  power  to  communicate  to 
you  one  of  the  most  interesting  events  which  has  occurred  to  me 
in  the  course  of  my  short  public  life.  Our  Legislature  adjourned 
this  morning,  and,  in  doing  so,  terminated  the  longest  session 
which  we  have  had  since  the  foundation  of  the  Commonwealth. 
Yesterday  I asked  leave  to  bring  in  a bill,  to  be  entitled  ‘a  bill 
concerning  General  George  Rogers  Clark.’  My  object  was  to 
secure  him  the  half-pay  of  a colonel  for  the  residue  of  his  life, 
and  to  replace  the  sword  which  had  been  given  to  him  by  this 
State  many  years  ago,  and  which,  under  an  impression  that  Vir- 
ginia had  treated  him  with  injustice,  he  had  proudly  broken  and 
thrown  away- 

Notwithstanding  the  nature  of  my  request,  the  lateness  of  the 
session,  the  prejudices  always  operating  against  the  appropria- 
tions of  money,  the  speed  with  which  the  law  must  be  hurried 
through  the  two  Houses,  if  it  passed  at  all,  I had  the  happiness 
to  secure  its  passage  through  both  branches  of  the  Legislature  on 
the  same  day.  It  was  enrolled  last  night,  and  subscribed  by  our 
Speakers  to-day.  I am  sure  this  event  will  give  you  some  part 
of  the  satisfaction  which  I have  enjoyed,  and  I therefore  commu- 
nicate it  to  you.  I have  just  enclosed  to  Major  Croghan  a copy 
of  the  law  for  General  Clark.  It  announces  to  him  that  he  is 
entitled  to  draw  from  our  treasury,  when  he  pleases,  the  sum  of 
$400,  and  on  the  first  day  of  January,  ever  after,  a like  amount. 

It  apprises  him  of  the  high  sense  which  his  native  State  enter- 
tains of  his  integrity  as  a man,  and  his  undaunted  courage  and 


46 


Biographical  Sketch 


consummate  skill  as  a soldier ; and  it  informs  him  that  the  Gov- 
ernor of  this  Commonwealth  will  have  manufactured,  at  the  arm- 
ory of  Virginia,  a sword,  with  suitable  devices  engraved  upon  it, 
and,  when  complete,  will  cause  it  to  be  presented  to  him,  with  an 
expression  of  the  condolence  of  the  General  Assembly  of  Vir- 
ginia for  his  misfortunes,  and  their  gratitude  for  his  meritorious 
services.  I hope  what  I have  done  will  meet  with  his  approbation. 

I should  not  have  delayed  it  till  so  late  a period  of  the  session, 
but  the  calamity  which  I have  before  mentioned  [the  death  of  his 
brother,  John  Fenton  Mercer],  and  other  business,  either  en- 
grossed my  time  for  the  last  fortnight  or  incapacitated  my  mind 
for  any  exertion,  until  yesterday;  and  I could  not  but  resolve  to 
avail  myself  of  the  only  opportunity  I might  ever  have,  of  being 
instrumental  in  the  accomplishment  of  so  signal  an  act  of  justice. 

That  General  Clark’s  feelings  might  not  be  hurt  by  the  failure 
of  such  an  effort  in  his  behalf,  I implored  the  House  to  deny  me 
leave  to  bring  in  the  bill  which  I read  on  the  motion,  unless  it 
would  agree  afterwards  to  pass  it.  Accordingly,  on  every  ques- 
tion to  which  it  gave  rise  we  had  a majority,  after  the  leave  was 
granted,  of  more  than  two-thirds  of  all  the  members  present. 

I could  not  forbear  communicating  to  you  what  has  interested 
me  so  much  as  even  to  withdraw  my  imagination  from  the  grave 
of  my  poor  brother. 

Sincerely  yours, 

C-  F.  Mercer.” 

The  Act  itself  will  be  found  in  English’s  “Conquest  of  the 
Northwest,  Vol.  IL,  pp.  876-7:” 

“The  law  provided  that, 

‘Whereas  the  General  Assembly  of  Virginia  have  ever  enter- 
tained the  highest  respect  for  the  unsullied  integrity,  the  valor, 
the  military  enterprises  and  skill  of  General  George  Rogers  Clark, 
to  whom  and  to  his  gallant  regiment,  (aided  by  the  justice  of  their 
cause  and  the  favor  of  heaven)  the  State  of  Virginia  was  in- 
debted for  the  extension  of  her  boundaries  from  the  Atlantic  to  the 


Hon.  Charles  Fenton  Mercer 


47 


Mississippi ; and  whereas  the  General  Assembly  have  been  in- 
formed that  the  hand  of  misfortune  has  overtaken  this  veteran 
chief,  and  that  he,  whose  name  was  once  a host,  filling  his  friends 
with  confidence  and  his  foes  with  dismay,  is  now  himself  a victim 
of  age  and  of  disease,  and  a dependent  on  the  bounty  of  his  rela- 
tives ; 

“Be  it  therefore  enacted,  that  the  /governor  of  this  common- 
wealth shall  be  and  is  hereby  authorized  and  requested  to  have 
manufactured  at  the  armory  of  this  State,  a sword,  with  suitable 
devices  engraved  thereon,  and  to  cause  the  same  to  be  presented 
to  General  George  Rogers  Clark,  accompanied  with  an  expression 
of  the  gratitude  and  friendly  condolence  of  the  General  Assembly 
of  Virginia. 

“And  he  it  further  enacted,  that  General  George  Rogers  Clark 
shall  be  and  is  hereby  placed  on  the  list  of  pensioners  and  that  he 
shall  receive  annually  from  the  public  treasury  one-half  of  the 
full  pay  which  he  received  as  colonel  of  the  Illinois  regiment ; that 
is,  immediately  after  the  passage  of  this  Act,  the  sum  of  four 
hundred  dollars,  and  annually  thereafter  on  the  first  day  of  Janu- 
ary of  every  year,  the  sum  of  four  hundred  dollars ; and  the  audi- 
tor of  public  accounts  is  required  to  issue  his  warrants  therefor, 
payable  out  of  any  money  in  the  treasury.” 

“This  Act  shall  be  in  force  from  the  passage  thereof,  Febru- 
ary 20,  1812.”  (See  also  Acts  of  1811-12,  Chapter  CXI). 

In  the  Journal  of  the  House  of  Delegates  for  1811-12,  we  find 
the  following  under  date  of  February  20,  1812,  pp.  160-1 : 

“On  motion  of  Mr.  Mercer,  Ordered  that  leave  be  given  to 
bring  in  a bill  'concerning  General  George  Rogers  Clarke,’  and 
that  Messrs.  Mercer,  Anderson,  (of  Augusta)  Leigh,  (of  Din- 
widdie)  Armistead,  Purnall,  Randolph,  and  Johnson  do  prepare 
and  bring  in  the  same.  The  order  of  the  day  on  the  state  of  the 
commonwealth  was  postponed  until  to-morrow-  Mr.  Mercer,  ac- 
cording to  order,  presented  a bill  ‘concerning  General  George 
Rogers  Clarke,’  which  was  received,  read  a first,  and,  on  motion, 
a second  time,  and  ordered  to  be  re-committed  to  the  Committee 


48  Biographical  Sketch 

which  brought  it  in.  The  said  Committee  having  considered  the 
said  bill,  Mr.  Mercer  reported  the  same  without  amendment. 

Ordered  that  the  said  bill  be  immediately  engrossed  and  read 
a third  time.  The  same  was  accordingly  engrossed  and  read  a 
third  time,  and  several  blanks  therein  were  filled. 

Resolved,  that  the  bill  do  pass,  and  that  the  title  be  ‘an  Act 
concerning  General  George  Rogers  Clark. 

Ordered,  that  the  Ayes  and  Noes  on  the  passage  of  the  said 
bill  be  inserted  in  the  Journal.. 

The  names  of  those  who  voted  in  the  affirmative  are  Messrs. 

(See  Journal) — 83.  And  the  names  of  those  who  voted 

in  the  negative  are  Messrs. (See  Journal) — 33. 

On  motion  of  Mr.  Jesse,  seconded  by  Mr.  Mercer, 

Ordered,  that  Mr-  Mercer  carry  the  said  bill  to  the  Senate  and 
request  their  concurrence.” 

These  extracts  from  the  Journal  of  the  House  of  Delegates 
are  taken,  from  Mr.  Mercer’s  own  copy  of  this  Journal,  be- 
queathed to  me  by  him.  Later  Mr.  Mercer  presented  to  Gen. 
Clark  this  sword  in  person. 

As  stated  above,  Mr.  Mercer  served  in  the  Legislature  of 
Virginia  from  1810  to  1817,  when  he  was  elected  to  the  United 
States  Congress,  and  served  from  1817  to  1840,  when  he  resigned 
his  seat  to  accept  the  position  of  cashier  of  a bank  in  Tallahassee, 
Florida,  and  that  necessitated  his  removal  from  the  State.  His 
service  in  the  Legislature  will  be  found  recorded  in  the  Journals 
and  Acts,  some  of  which  have  been  mentioned  above.  His  service 
in  Congress  will  be  found  recorded  in  the  Annals  of  Congress 
and  in  the  Register  of  Debates,  to  which  reference  is  made.  As 
these  volumes  will  be  found  in  the  public  libraries,  it  is  unneces- 
sary to  go  into  details.  The  indexes  to  these  volumes  will  facili- 
tate convenience  of  reference.  A few  of  his  most  important 
speeches  are  mentioned  below- 


Hon.  Charles  Fenton  Mercer 


49 


Extracts  from  Hon.  C.  F.  Mercer’s  speech  on  Internal  Im- 
provements, Thursday,  March  12,  1818,  Annals  of  Congress,  15th 
Congress,  ist  Session,  Vol.  I.,  1817-1818,  columns  1284  f¥. 

“Mr.  Mercer,  of  Virginia,  rose  and  addressed  the  commit- 
tee, as  follows : “*  * * gut  my  honorable  colleague,  who 

has  just  addressed  you,  (Mr.  Hugh  Nelson)  has  ardently  en- 
deavored to  interpose  a yet  more  formidable  obstacle  to  the  adop- 
ticr  of  these  resolutions.  He  has  gallantly  unfurled  the  ancient 
banner  of  his  party,  and  sought  to  rally  his  Republican  forces 
on  the  side  of  the  Executive.  He  has  reminded  them  of  their  an- 
cient victories,  and  summoned  them  to  the  same  field  of  triumph — 
a triumph  of  the  States  over  the  Federal  Constitution.  He  de- 
rives his  principles,  he  tells  us,  from  the  resolutions  of  the  Vir- 
ginia Legislature,  and  the  argument  of  Mr.  Madison,  to  which 
he  ascribes  what  he  is  pleased  to  call,  the  glorious  Revolution  of 
1798.  It  is,  perhaps,  common  to  the  inhabitants  of  every  State 
in  this  wide-spread  Union,  nay,  to  every  people  on  the  habitable 
globe — it  is  certainly  imputed  to  us — that  we  pride  ourselves  on 
the  land  which  gave  us  birth ; and  I cannot  refuse  to  acknowl- 
edge the  glow  of  feeling  which  mounted  to  my  cheek,  when  my 
colleague  thus  swelled  the  political  consequence  of  Virginia  in 
the  councils  of  the  Union-  But  I too,  Mr.  Chairman,  have  some 
recollection  of  the  times  of  which  we  have  been  just  reminded ; 
and,  in  spite  of  all  my  native  sensibility,  I am  driven  to  other 
causes  than  those  assigned  by  my  honorable  colleague,  to  account 
for  the  political  revolution  of  that  day.  I no  more  ascribe  it  to  the 
argument  of  Mr.  Madison  than  I should  the  origin  of  the  wind  to 
the  weathercock  which  indicates  its  present  course ; or  the  im- 
pulse and  direction  of  the  passing  current  to  the  feather  which 
floats  upon  its  surface. 

The  basis  of  that  argument,  that  the  States  are  parties  to  the 
Federal  Constitution,  is  not  only  unsound  in  fact,  but  inconsistent 
alike  with  the  preamble  of  the  Constitution,  and  with  the  doc- 
trines of  the  Federalist,  that  able  defence  of  it  to  which  the 
author  of  this  celebrated  argument  so  largely  contributed,  and  of 
which  he  now  shares  the  glory  with  his  illustrious  associates.  The 


50 


Biographical  Sketch 


very  resolutions  which  this  argument  was  designed  to  sustain, 
held  out  to  the  nation  as  objects  of  wasteful  extravagance  in 
themselves,  and  of  alarm  in  their  consequences,  a navy  consisting 
of  a few  frigates,  an  army  of  half  the  extent  of  that  which  now 
makes  the  military  posts  that  encircle  and  guard  our  territory. 
The  political  revolution,  of  which  the  honorable  member  has  so 
triumphantly  boasted,  began  in  opposition  to  the  Federal  Consti- 
tution, was  accelerated  by  the  French  Revolution;  was  stayed  for 
a while,  indeed,  by  the  great  but  declining  influence  of  General 
^^^ashington,  whose  administration  it  often  shook  to  its  base ; 
and  finally  vanquished  a disunited  party,  guided  by  discordant, 
rash,  and  improvident  counsels.” 

Speech  of  C.  F.  ]\Iercer  on  the  Seminole  war,  Annals  of  Con- 
gress, 15th  Congress,  2d  session,  ^^ol.  I.,  1818-19;  cols.  819  et 
scq.,  Januar}-,  1819: 

“The  general  order  of  the  29th  of  April  [1816],  commanding 
the  immediate  execution  of  Arbuthnot  and  Ambrister,  uncon- 
demned even  to  this  da)',  nay,  more  than  tacitly  approved,  is,  IMr. 
Chairman,  a stain  on  the  records  of  the  judicial  proceedings  of  this 
nation,  to  the  insecurity  of  the  honor  and  life  of  every  officer 
and  soldier  of  the  armies  of  the  U-  S.,  and  of  every  citi- 
zen of  America  who  may  be  legally,  or  otherwise,  subjected 
to  the  judgment  of  a court-martial,  a proceeding  which  im- 
periously calls  for  the  interposition  of  the  authority  of  Con- 
gress, in  order  that,  instead  of  being  converted  into  a precedent 
for  future  imitation,  it  may  be  shunned  as  an  object  of  abhor- 
rence. Sir,  it  is  no  little  cause  of  alarm  to  behold  the  highest 
military  court  of  criminal  justice,  which  should  be  the  shield  of 
innocence,  converted  into  a rod  of  oppression.  While  I listened 
with  equal  attention  and  delight  to  the  eloquent  and  able  argu- 
ment of  m)"  honorable  friend  from  New  York,  I thought  that  even 
he  underrated  the  security  which  a military  court  is  designed  to 
afford  to  an  innocent  prisoner.  I thought  he  supposed  that  a 
militaiw  judge  was  not  sworn  to  discharge  the  duties  of  his  of- 
fice with  fidelity  and  impartiality.  [ISIr.  Storrs  arose  to  explain. 


Hon.  Charles  Fenton  Mercer  51 

He  had  remarked,  he  said,  that  the  charges  were  not  sworn  to  on 
which  a prisoner  was  arrested].  I misunderstood  my  honorable 
friend,  said  Mr.  Mercer ; but  even  here  the  charge  must  be  sanc- 
tioned by  the  honor  of  an  officer.  A general  court-martial  derives 
its  appointment  from  the  sound  discretion  of  the  highest  military 
authority  in  an  army ; its  sentence  is  inoperative  until  it  receives 
his  approbation,  and  any  officer  who  should  seek,  by  the  instru- 
mentality of  such  a court,  to  gratify  secret  resentment  or  malig- 
nity, would  render  himself  odious  to  his  whole  corps.  The  in- 
genuity of  my  honorable  colleague  (Mr.  Smyth)  will  in  vain  at- 
tempt to  discover  an  analogy  between  this  trial  and  any  event  in 
the  judicial  history  of  this  nation.  The  board  of  officers  who  re- 
ported Major  Andre  to  be  a spy  were  not  constituted  a court- 
•nartial,  but,  if  they  had  been,  their  sentence  was  not  disregarded. 
The  gentleman  will  turn  in  vain  to  the  annals  of  the  Revolution 
for  a precedent  to  extenuate  the  enormity  of  this  whole  pro- 
ceeding. 

We  have  been  asked,  "whence  this  sympathy  for  two  British 
prisoners?”  Sir,  my  sympathy  is  not  with  them,  but  with  our 
violated  laws.  The  people  have  seated  us  by  the  foundation  of 
justice,  and  charged  us  to  preserve  its  purity  from  contamination. 
Extraordinary  and  alarming  as  are  the  doctrines  of  martial  law 
maintained  in  this  debate,  there  is  yet  some  consolation  in  per- 
ceiving that  our  opponents  have  deemed  it  necessary  to  take  a 
double  ground;  and,  lest  the  judgment  of  the  court-martial  should 
not  sustain  the  execution  of  the  prisoners,  they  have  resorted  to 
the  broad  right  of  retaliation — which  brings  me  to  the  last  propo- 
sition that  I undertook  to  maintain — that  the  accustomed  clem- 
ency of  this  nation,  manifested  in  all  former  wars,  has  been  dis- 
regarded in  the  late  Seminole  campaign,  by  the  execution  in  cold 
blood  of  unresisting  captives,  subjected  to  our  arms  by  the  chance 
of  war.  Without  inquiring  into  the  manner  in  which  the  two 
Suwanee  chiefs  were  decoyed  into  our  grasp  by  the  use  of  the 
British  flag,  or  Arbuthnot  was  dragged  from  beneath  the  protec- 
tion of  the  neutral  flag  of  Spain,  acts  which,  coupled  with  the 
l ucceeding  tragedy,  imbrue  its  closing  scene  with  deeper  horror — 
I utterly  protest  against  the  implication  which  has  been  made 


52 


Biographical  Sketch 


of  the  exploded  usages  of  war  to  justify  these  barbarities.  Nor 
will  I distinguish  between  the  treatment  of  our  Indian  and  white 
prisoners — a distinction  which,  until  this  debate,  was  never 
heard  within  the  councils,  nor  known  until  the  late  Seminole  war, 
in  the  practice  of  this  nation,  or  of  any  of  the  numerous  States 
of  which  it  is  composed.  The  doctrine  that  Ambrister  was  not 
entitled  to  be  regarded  as  a prisoner  of  war,  because  he  had  no 
commission  from  his  own  sovereign,  would  have  equally  applied, 
as  the  select  committee  have  remarked,  to  the  most  distinguished 
officers  of  our  Revolution ; men  to  whom  the  venerable  Congress 
of  that  day  voted  statues  and  monuments,  and  whom  our  enemy, 
in  all  the  pride  of  his  power,  dared  not  but  respect. 

The  other  doctrine  of  my  honorable  colleague,  (Mr.  Smyth) 
that  Ambrister  had  no  commission  from  the  Indian  nation,  to 
which  he  united  his  arms,  is  disproved  by  an  authority  which  he 
himself  will  admit — by  the  charge  to  which  the  prisoner  plead- 
[ed]  guilty,  and  upon  which  he  was  condemned  to  be  shot  by  his 
prcsecutor;  the  charge  of  leading  and  commanding  the  Lower 
Creek  Indians  in  carrying  on  a war  against  the  United  States — 
unless,  indeed,  it  be  contended  that  he  commanded  and  led  his 
forces  without  their  consent.  The  crime  of  aiding,  abetting,  and 
comforting  them,  on  which  the  remaining  charge  was  founded, 
is  evidently  merged  in  the  heavier  accusation  to  w'hich  he  plead- 
[edl  guilty,  and  which  he  sought  at  least  to  justify.  And  if,  sir, 
the  war  was  defensive  on  the  part  of  those  unhappy  Indians,  a 
justification  more  complete  in  all  its  parts  could  not  be  well 
imagined.  The  benefit  of  that  justification  would  alike  be  ex- 
tended to  Arbuthnot,  a mere  trader  in  the  usual  subjects  of  Indian 
commerce,  since  they  have  laid  down  the  bow  and  arrow,  and  re- 
sorted for  subsistence  as  well  as  security  to  the  musket  and  rifle, 
if  he  had  not,  in  fact,  discountenanced  their  resistance  of  a force 
that  he  saw  must  overwhelm  them.” 

[Lack  of  space  will  not  permit  further  extracts  from  Mr.  Mer- 
cer’s speeches  in  Congress.] 


Hon.  Charles  Fenton  Mercer 


53 


Chesapeake  and  Otiio  Canal- 

About  six  years  after  Mr.  Mercer  entered  Congress  he  be- 
came interested  in  the  Chesapeake  and  Ohio  Canal  project.  An 
accorint  of  this  project  will  be  found  in  the  Johns  Hopkins  Uni- 
versity Historical  Studies,  Series  XVII,  Nos.  9,  10,  ii,  for  Sep- 
tember, October  and  November,  1899,  by  Dr.  George  W.  Ward, 
to  which  I would  refer  for  Mr.  Mercer’s  connection  with  the 
Canal. 

The  friends  of  the  scheme  held  a meeting  in  Leesburg,  Va., 
August  25,  1823,  and  adjourned  to  meet  in  the  Capitol,  at  Wash- 
ington, on  November  7th,  at  which  meeting  Mr.  Mercer  offered 
the  following  preamble  and  resolution : 

“Whereas,  a connection  of  the  Atlantic  and  Western  waters  by 
a canal,  leading  from  the  seat  of  the  National  Government  to 
the  river  Ohio,  regarded  as  a local  object,  is  one  of  the  highest 
importance  to  the  States  immediately  interested  therein,  and  con- 
sidered in  a national  view,  is  of  inestimable  consequence  to  the 
future  union,  security  and  happiness  of  the  United  States, 

Resolved,  that  it  is  expedient  to  substitute  for  the  present  de- 
fective navigation  of  the  Potomac  river,  above  tide-water,  a navi- 
gable canal  from  Gumberland  to  the  coal  banks  at  the  Eastern 
base  of  the  Alleghany,  and  to  extend  such  canal,  as  soon  there- 
after as  practicable,  to  the  highest  constant  steamboat  navigation 
of  the  Monongahela  or  Ohio  river.”  (See  speech  of  C.  F.  Mer- 
cer, Convention  of  1823,  and  his  later  speech  in  Proceedings  of 
the  Chesapeake  and  Ohio  Canal  Convention  in  1823  and  1826)- 

The  company  was  finally  organized  on  June  20,  1828,  by  the 
election  of  Mr.  Charles  Fenton  Mercer  as  President  and  six 
directors.  Dr.  Ward  says  (p.  88,  note)  ; “Mr.  Mercer  had  been 
the  moving  spirit  in  the  Leesburg  meeting,  the  first  public  meet- 
ing held  in  the  interest  of  the  canal  project.  From  that  time  for- 
ward few,  if  any,  had  labored  so  persistently  or  so  effectively  as 
he.  His  presidency  continued  for  five  years,  lacking  fifteen  days. 
For  the  period  of  Federal  interest  and  encouragement,  about  ten 
years,  Mr.  Mercer  was  the  soul  of  the  project.” 


54 


Biographical  Sketch 


The  ceremonies  attending  the  breaking  of  ground  for  this 
canal  were  very  elaborate,  and  were  marked  by  an  appropriate 
oration  from  President  Adams  on  July  4,  1828.  (See  Niles’s 
Register,  XXXIV,  325-8,  and  letters  referred  to  by  Dr.  Ward, 
p.  91,  ad  fin.) 

Lack  of  space  will  not  permit  a more  particular  account  of  the 
canal,  for  which  reference  must  be  made  to  Dr.  Ward’s  pamph- 
let. Suffice  it  to  say  that  the  chartering  of  the  Baltimore  and 
Ohio  R.  R.  and  the  resulting  controversy,  interfered  very  much 
with  the  progress  of  the  canal.  Mr.  Mercer  had  written  in 
November,  1828:  “We  shall  in  the  next  year  reach  the  mouth  of 
the  Shenandoah ; in  three  years  from  the  stroke  which  the  Presi- 
dent first  struck  for  us,  Cumberland but  he  was  too  sanguine. 
After  the  election  of  Jackson  there  came  a reaction.  He  opposed 
the  construction  of  internal  improvements  by  the  Federal  govern- 
ment, and  when  this  support  was  withdrawn,  the  original  pro- 
ject collapsed.  The  company’s  appreciation  of  Mr.  Mercer’s 
labors  was  shown  by  “the  vote  of  thanks  and  the  present  of 
$5,000  made  to  the  President  of  the  company  when  his  connec- 
tion with  it  was  terminated  by  the  influence  of  Gen’l.  Jackson 
and  the  vote  of  the  stockholders-”  (See  ante,  “Materials  for  Life 
of  C.  F.  Mercer”).  Canals  cannot  compete  with  railroads  as  a 
means  of  transportation,  and  the  C.  & O.  Canal  led  but  a strug- 
gling existence  until  its  final  collapse. 

While  Gen.  Mercer  was  resident  in  Florida,  an  effort  was 
made  by  the  friends  of  agriculture,  in  which  his  brother-in-law, 
Hon.  James  Mercer  Garnett,  was  greatly  interested,  to  form  a 
National  Society  of  Agriculture.  A list  of  the  officers  was  pub- 
lished in  the  National  Intelligeneer,  of  May  ii,  1842,  and  from 
this  list  we  find  that  James  M.  Garnett  was  chosen  President,  and 
among  the  Vice-Presidents  were  Hon.  R.  J.  Walker,  of  Missis- 
sippi, Amos  Kendall,  of  the  District  of  Columbia,  and  C.  F. 
Mercer  of  Florida.  At  the  meeting  of  the  convention  for  organi- 
zation the  )'ear  before,  Mr.  Garnett  had  been  appointed  Chair- 
man of  the  committee  to  draft  a constitution,  and  his  address 
appeared  in  the  National  Intelligencer,  of  December  21,  1841. 
He  was  chosen  President  to  serve  until  May,  1842,  and  then  re- 


Hon.  Charles  Fenton  Mercer  55 

elected,  but  he  died  in  April,  1843,  before  the  expiration  of  his 
term  of  office.® 

After  a few  years  spent  in  Tallahassee,  Florida,  Gen.  Mercer 
visited  the  Republic  of  Texas,  in  the  colonization  of  which  he  had 
become  interested.  Here  he  made  a contract  with  that  Republic 
for  the  settlement  of  so  many  families  for  which  he  was  to  receive 
so  much  land.  He  fulfilled  his  part  of  the  contract,  but  never 
received  the  land.  After  the  annexation  of  Texas  the  United 
States  fell  heir  to  the  engagements  of  the  Republic  of  Texas,  but, 
after  a long  litigation,  the  suit  was  finally  decided  against  Gen- 
Mercer  and  his  co-partners  in  this  colonization  scheme.  While 
engaged  in  looking  after  his  interests  in  Texas,  he  was  taken  very 
seriously  ill  in  New  Orleans  and  it  became  necessary  for  the 
writer’s  father  to  visit  New  Orleans  in  the  effort  to  nurse  him 
back  to  health,  in  which  effort  he  was  finally  successful 

As  Gen.  Mercer  had  given  up  his  position  in  Tallahassee,  he 
concluded  to  settle  near  the  mouth  of  the  Kentucky  river,  not  far 
from  Prestonville,  opposite  Carrollton,  where  he  built  a large 
mansion.  The  writer  and  his  family  spent  with  him  from  August, 
1851,  to  February,  1852,  there,  when  the  writer’s  father,  having 
received  employment  on  what  was  then  known  as  the  North  Caro- 
lina Central  R-  R.,  running  from  Goldsboro  to  Charlotte,  the 
family  removed  to  Hillsboro,  North  Carolina.  Gen.  Mercer  con- 
tinued his  residence  in  Kentucky  until  the  following  year,  when 
he  sold  his  property  there  and  went  to  Europe  in  the  interest  of 
the  discontinuance  of  the  African  slave  trade.  On  his  return  to 
this  country,  he  made  his  home  with  his  relatives,  the  children  of 
his  niece,  daughter  of  the  Hon.  James  Mercer  Garnett  and  the 
first  wife  of  the  Rev.  John  P.  McGuire,  Rector  of  the  Episcopal 
High  School  of  Virginia.  The  writer  was  at  that  time  a student 
in  the  University  of  Virginia,  but  on  the  suspension  of  lectures 
there  owing  to  the  prevalence  of  typhoid  fever  in  that  institu- 
tion, he  came  to  the  Episcopal  High  School  to  aid  in  nursing  his 


9 I am  indebted  for  these  and  other  particulars  relating  to  this  Society, 
taken  from  the  'National  Intelligencer,  to  Mr.  Henry  Barrett  Learned,  of 
New  Haven,  Conn.  He  it  was  who  sent  me  the  item  mentioned  above 
relating  to  Hon.  C.  F.  Mercer. 


56 


Biographical  Sketch 


great-uncle-  On  the  resumption  of  lectures  in  the  University,  he 
returned  to  his  studies,  and  his  father  took  his  place  as  nurse. 
This  was  on  May  i,  1858,  and  Gen.  Mercer  died  on  May  4th, 
nearly  eighty  years  of  age,  and  was  buried  at  Leesburg,  Virginia. 

Few,  if  any,  members  of  Congress  from  Virginia  have  equalled 
him  in  continuous  length  of  service. 

His  first  election  was  contested  by  Hon.  Armistead  T.  Mason, 
but  the  contest  was  decided  in  Gen.  Mercer’s  favor  by  the  House 
of  Representatives.  The  circumstances  connected  with  this  elec- 
tion led  to  the  issue  of  a pamphlet  by  Gen.  Mercer,  entitled 
“Controversy  between  Armistead  Thompson  Mason  and  Charles 
Fenton  Mercer,  Washington,  January  19,  1818.” 

Gen.  Mercer  was  small  in  stature  and  stout  in  proportion  to 
his  height.  He  entered  the  Junior  Class  at  Princeton  College 
in  1795,  at  seventeen  years  of  age,  graduating  in  1797,  after 
which  he  spent  three  more  years  there  studying  law  and  prepar- 
ing himself  in  history  and  general  literature-  He  inherited  a 
talent  for  speaking  from  his  father.  Judge  James  Mercer,  first 
a judge  of  the  General  Court,  and  afterwards  a judge  of  the 
Court  of  Appeals  of  five  judges  in  Virginia.^® 

As  showing  Judge  Mercer’s  contemporary  reputation,  I find 
in  Mr.  Wm.  Wirt  Henry’s  “Life  of  Patrick  Henry,  L,  315,” 
mention  of  the  Committees  of  Safety  appointed  by  the  Conven- 
tions of  August  and  December,  1775,  in  both  of  which  Judge 
Mercer  served;  the  Committee  of  the  Convention  of  May,  1776, 
“to  prepare  a Declaration  of  Rights  and  'a  Plan  of  Govern- 
ment,” on  which  James  Mercer  was  third  on  a committee  of 
thirty-two  members ; a letter  of  John  Augustine  Washington  to 
R.  H.  Lee,  dated  May  15,  1776,  in  which  Mr.  Washington  men- 
tions him  along  with  Henry  and  Mason  as  “among  our  best 
speakers and  as  the  leaders  of  the  bar  of  the  General  Court  in 
1769,  Pendleton,  Randolph,  Wythe,  Nicholas,  Mercer,  Jeffer- 
son, and  Thomson  Mason ; “all  were  men  of  eminence  in  their 
profession.” 


10  See  my  pamphlet  on  Judge  James-  Mercer  reprinted  from  the  Wil- 
liam and  Mary  College  Quarterly  for  October,  1908,  and  January,  1909. 


Hon.  Charles  Fenton  Mercer  57 

Further,  in  Mr.  Gaillard  Hunt’s  “Life  of  James  Madison,’’ 
page  3,  we  find,  “According  to  Edmund  Randolph  (Ms.  History 
of  Virginia),  who  was  one  of  the  few  young  members,  those  of 
the  convention  [of  1776]  who  were  most  in  the  public  eye,  be- 
side Mason,  Pendleton  and  Henry,  were  James  Mercer,  Robert 
Carter  Nicholas,  Richard  Bland,  Thomas  Ludwell  Lee,  Richard 
Henry  Lee,  George  Wythe,  John  Blair  and  James  Madison,  Jr. 
hence  Gen.  Mercer’s  ability  as  a speaker  came  by  inheritance. 

The  Virginia  Constitutional  Convention  of  1829-30. 

While  Gen.  Mercer  was  in  Congress,  he  was  chosen  a mem- 
ber of  the  Virginia  Constitutional  Convention  of  1829-30,  from 
the  district  composed  of  Loudoun  and  Fairfax  counties.  Each 
district  was  entitled  to  four  delegates,  and  those  elected  from 
this  district  were  James  Monroe,  ex-President,  of  Loudoun,  who 
was  afterwards  made  President  of  the  Convention ; Charles  F. 
Mercer,  of  Loudoun ; William  H.  Fitzhugh,  of  Fairfax,  and 
Richard  H.  Henderson,  of  Loudoun.  In  choosing  delegates 
■“there  was  no  restriction  in  the  right  of  selection,  either  as  to 
the  office  which  was  held,  or  as  to  the  place  where  the  delegate 
resided.”  Ex-President  Madison  was  a delegate  from  Orange 
County,  and  Chief  Justice  Marshall,  from  Richmond  city,  and 
when  ex-President  Monroe  was  made  President  of  the  Conven- 
tion, Messrs.  Madison  and  Marshall  conducted  him  to  the  chair. 
A committee  of  one  member  from  each  of  the  twenty-four 
Senatorial  districts  was  appointed  to  consider  amendments  to  the 
Constitution,  and  on  this  Committee,  Mr.  Mercer  represented  the 
Loudoun  district.  Ex-President  Madison  was  Chairman  of  this 
committee,  but,  owing  to  his  feeble  health,  Mr.  Mercer  fre- 
quently acted  as  such.  A part  of  Mr.  Mercer’s  speech  on  the 
basis  of  suffrage  follows: 


58 


Biographical  Sketch 


Proceedings  and  Debates  of  the  Virginia 
Convention  of  1829-30 — pp.  174-183. 

“Mr.  Mercer  then  addressed  the  committee: 

In  casting  himself  on  the  indulgence  of  the  committee,  in  the 
present  stage  of  the  interesting  debate  by  which  its  attention 
had  been  so  long  occupied,  Mr.  Mercer  said,  he  labored  under 
the  influence  of  feelings  which  he  had  not  language  to  convey,  and 
the  expression  of  which  he  feared  would  disqualify  him  for  the 
arduous  task  which  he  had  undertaken  to  perform.  The  senti- 
ment first  at  his  heart  was,  that  the  depending  question  might  ter- 
minate in  a result  propitious  to  the  union  and  happiness  of  the 
whole  Commonwealth.  While  desirous  of  extending  to  the  peo- 
ple of  the  West  a just  participation  in  the  political  power  of  the 
government,  a power  proportioned  to  their  relative  numbers, 
he  entered  upon  the  present  discussion  with  no  unfriendly  feel- 
ing towards  the  East.  Such  a feeling  would  be  equally  at  war 
with  all  his  recollections  and  all  his  hopes.  His  cradle  was 
rocked  by  the  margin  of  the  placid  tide,  though  Providence  had 
placed  his  dwelling  by  the  side  of  the  mountain  torrent.  He  had 
not  a drop  of  kindred  blood  flowing  in  the  veins  of  any  living 
being  that  did  not  warm  the  heart  of  some  lowland  man,  or  low- 
land woman.  He  came  into  this  Convention  not  to  assert  the 
power  of  one  portion  of  the  State  to  control  the  other,  but  with 
a fixed  determination  to  uphold  the  rights  and  interests  of  all, 
on  the  broad  and  solid  basis  of  those  great  principles  of  political 
liberty  which  our  forefathers  had  at  all  times  struggled  to  main- 
tain. Emphatically  might  he  say  this,  and  vouch  this  assem- 
bly itself  for  his  proof.  Through  what  channel,  he  asked,  did  the 
resolution  of  the  Legislative  Committee,  now  in  discussion,  reach 
this  Convention  ? By  what  hand  was  the  report  of  that  Committee 
presented  in  this  Hall  ? By  that  hand,  which,  more  than  any 
other  now  in  being,  had  contributed  to  trace  the  outline  and  lay 
the  foundation  of  the  great  structure  of  our  free  institutions 
[Mr.  Madison].  By  whom  had  the  principles  of  this  report  been 
just  sustained?  By  his  illustrious  co-patriot,  who,  alone,  of  this 


Hon.  Charles  Fenton  Mercer  59 

assembly,  had  enjoyed  the  high  honor  of  consecrating  those 
principles  by  his  blood  [Mr.  Monroe]. 

We  are  charged  with  asserting  new  and  impracticable  doc- 
trines. Behold  the  proof  of  this  allegation.  Are  they  not 
on  the  principles,  if  the  term  may  now  be  allowed  him,  of 
every  Bill  or  Declaration  of  Rights  of  every  State  in  this  Union, 
which  has  framed  a Constitution  since  our  glorious  Revolution? 
Are  they  not  sanctioned  by  the  concurrent  voice  of  the  wisest 
statesmen,  and  the  purest  patriots,  on  both  sides  of  the  Atlantic? 
Are  they  not  the  principles  of  the  father  of  English  metaphysics 
and  champion  of  British  liberty — the  immortal  Locke?  Are  the}'- 
not  the  principles  for  which  Milton  successfully  contended 
against  the  united  power  of  political  and  ecclesiastical  tyranny ; 
and  for  which,  in  a still  earlier  age,  the  noble  Sidney  bled? 

Could  this  question  be  tried  without  prejudice,  its  issue 
would  not  long  be  doubtful.  The  very  process  by  which  our 
assailants  seek  to  over-power  us,  affords  sufficient  evidence  of 
the  strength  of  our  cause.  Principles  must  be  true  which  can  be 
successfully  controverted  only  by  such  arguments — arguments  in- 
vented and  most  ably  enforced,  by  gentlemen  inured  to  the  habits 
of  a profession  which,  above  all  others,  teaches  its  professors 
how  to  discover,  to  touch,  and  to  move  all  the  secret  springs  of 
the  human  heart.  What  are  the  prejudices  which  seek  to  ob- 
struct our  better  judgment  on  the  present  occasion?  Some  are 
too  obvious  to  elude  our  perception,  and  must  be  dissipated  when 
approached.  The  eloquent  member  from  Chesterfield  [B.  W. 
Leigh]  proclaims  with  seeming  regret  that,  between  the  dis- 
trict [Loudoun],  which  I have  the  honor,  in  part,  to  represent, 
and  the  western  counties  of  Virginia  there  are  no  longer  any 
Pyrenees.  From  Ashby’s  Gap  to  the  Potomac,  the  Blue  Ridge, 
he  tells  us,  has  disappeared.  This  illusion  of  his  own  imagina- 
tion the  honorable  member  infers  from  the  sympathy  subsisting 
in  the  present  contest  between  the  people  of  Loudoun  and  their 
fellow-citizens  of  the  West.  To  the  other  districts,  on  the  east- 
ern face  of  the  Blue  Ridge,  which  espouse  the  same  side  of  this 
cause  with  my  constituents,  and  obviously  for  the  same  reason. 


6o 


Biographical  Sketch 


he  liberally  awards  the  praise  of  magnanimity  which  he  denies 
to  them. 

Might  he  not  have  more  impartially  accounted  for  the  zeal 
of  Loudoun  for  a Convention  from  the  notorious  fact  that,  while 
she  pays  into  the  public  treasury  twenty  times  the  amount  of 
taxes  paid  by  the  county  of  Warwick,  and  has  more  than  six- 
and-twenty  times  the  free  white  population  of  Warwick,  she 
has  but  the  same  political  weight  in  the  House  of  Delegates 
under  the  Constitution  of  Government  which  this  Convention 
has  been  deputed  to  amend.  That  twenty-six  freemen  of  Lou- 
doun have,  in  this  branch  of  the  Legislature,  the  weight  of  but 
one  freeman  of  Warwick. 

But  the  honorable  member,  disregarding  this  inequality,  has 
found  the  origin  of  the  present  Convention  in  splendid  schemes  of 
internal  improvement,  to  which  the  constitutional  scruples  mani- 
fested by  Virginia  in  the  councils  of  the  Union,  oppose  a barrier 
that  the  new  distribution  of  political  power  sought  to  be  effected 
by  the  resolution  in  debate,  will  enable  the  West  to  prostrate. 
In  that  ardent  zeal  which  had  prompted  so  many  other  gentlemen, 
as  well  as  the  member  from  Chesterfield,  to  impute  to  the  friends 
of  a Convention,  local,  selfish  and  sordid  motives  for  their  pres- 
ent union  of  council,  they  have  forgotten  much,  and,  in  part, 
the  history  of  our  Legislation  on  this  subject. 

Internal  improvement — the  cause  of  this  Convention ! Who, 
until  the  second  day  of  March,  1817,  had  ever  heard  of  an  ob- 
jection started  to  the  constitutional  power  of  the  Federal  Gov- 
ernment to  aid,  by  the  resources  of  the  Union,  the  efforts  of  the 
States  to  construct  roads,  or  canals  of  general  interest?  A few 
days  only  prior  to  this  period,  a resolution,  recommended  by  the 
unanimous  report  of  the  Board  of  Public  Works,  passed  both 
branches  of  the  General  Assembly,  with  like  unanimity,  to  re- 
quest of  the  Government  of  the  United  States  pecuniary  aid  in 
promoting  the  then  contemplated  junction  of  the  Eastern  and 
Western  waters  of  Virginia  by  the  James  and  Kanawha  rivers. 
A similar  resolution  had  passed  the  House  of  Delegates  without 
opposition  at  the  preceding  session  of  1815.  It  was,  however, 
near  the  close  of  that  session,  on  the  eighth  of  February,  1816, 


Hon.  Charles  Fenton  Mercer  6i 

that  a bill  to  take  the  sense  of  the  people  on  the  propriety  of  call- 
ing a Convention  first  received  the  sanction  of  a majority  of  the 
House  of  Delegates,  and  that  majority  embraced  both  the  dele- 
gates from  Loudoun  [Noland  and  Mercer]. 

This  bill  was  afterwards  lost  at  its  third  reading;  but  a simi- 
lar one  finally  passed  the  House  of  Delegates  with  the  co-opera- 
tion of  the  Loudoun  delegation  during  the  succeeding  winter, 
and  more  than  a month  before  the  President’s  message,  of  the 
2nd  of  March,  1817,  had  excited  a doubt  in  the  public  mind  of  the 
constitutional  authority  of  Congress  to  aid  the  several  States  in 
the  construction  of  works  of  internal  improvement-  A State  fund 
for  roads  and  canals  had  been  already  created,  and  was  in  suc- 
cessful operation.  How,  then,  can  it  be  candidly  maintained  that 
the  efforts  so  steadily  prosecuted,  to  amend  the  Constitution  of 
Virginia  by  a Convention,  sprung  from  those  impediments  which 
this  Commonwealth  has  since  thrown  in  the  path  of  internal  im- 
provement, whether  by  withholding  from  that  object  her  own 
resources,  or  restraining  the  application  of  those  of  the  Union? 

He  would,  said  Mr.  Mercer,  proceed  one  step  farther  and,  to 
refute  this  charge,  very  briefly  state  a few  of  the  reasons  which 
prompted  the  fruitless  effort  to  obtain  a Convention  in  1815,  and 
which  have  since  been  more  successfully  urged.  Among  the  most 
prominent  of  those  reasons  was  that  very  inequality  of  repre- 
sentation which  has  given  rise  to  this  debate,  and  which  so 
shocks  every  feeling  of  political  justice  that  no  argument  has 
yet  been  heard  in  its  vindication.  Another  grievance,  then,  also, 
pressing  on  the  public  consideration,  was  the  overgrown  and 
disproportionate  numbers  of  the  House  of  Delegates. 

When  our  forefathers  penned  the  present  Constitution,  there 
were  about  140  members  in  that  House ; and  they  chose  twenty- 
four  as  a suitable  proportion  for  the  number  of  the  Senate,  a 
body  designed  not  only  to  revise  the  acts  of  the  popular  branch 
of  the  Legislature,  but  to  constitute  a check  on  the  possible  ambi- 
tion of  its  leaders.  But  while  the  Senate,  by  the  constitutional 
limitation  of  its  numbers,  has  been  stationary,  the  House  of 
Delegates  has  been  extended,  from  time  to  time,  by  the  multi- 
plication of  counties,  to  214.  More  than  seventy  members  have 


62 


Biographical  Sketch 


been  thus  added  to  the  numbers  of  the  Legislature  during  a 
period  in  which  the  territory  of  the  Commonwealth  has  been 
greatly  reduced.  For,  from  the  County  of  Illinois,  wrested  from 
Great  Britain  in  1779,  by  the  forces  of  the  Commonwealth  under 
the  command  of  the  gallant  Clark,  and  ceded  in  1784  to  the 
United  States,  no  less  than  three  States  to  the  East,  and  one 
to  the  West  of  the  Mississippi,  have  arisen.  The  county  of 
Youghiogania,  once  represented  on  this  floor,  now  supplies  no 
less  than  eight  counties  to  Western  Pennsylvania;  Kentucky  has 
been  erected  into  a separate  State ; and,  along  our  Southern 
border.  North  Carolina  has  a slip  of  our  former  territory,  be- 
ginning at  a point  on  the  Atlantic,  and  gradually  widening  to- 
wards the  Cumberland  mountain. 

While  a reduction  of  the  sphere  of  Legislation  recommended 
a correspondent  limitation  of  the  numbers  of  the  Legislative 
body,  the  progressive  augmentation  of  its  annual  expenditure 
merited  regard.  In  1810,  the  entire  cost  of  this  Department  of 
the  Government  did  not  exceed  50,000  dollars  a year.  It  has, 
since,  mounted  up  to  more  than  twice  that  sum. 

To  restore  the  original  proportion  between  the  two  branches 
of  the  General  Assembly,  and  to  prevent  a still  further  augmen- 
tation of  the  number  of  the  House  of  Delegates,  a measure  re- 
quired by  no  State  necessity,  and  forbid  by  a due  regard  to 
economy,  was  always  in  the  scope  of  that  Gonstitutional  reform 
contemplated  by  the  friends  of  a Convention- 

The  abolition  of  the  Council  of  State  was  another  of  their 
objects.  Economy  condemned  this  worse  than  useless  appendage 
to  the  Executive,  which,  in  destroying  its  unity,  impaired  both  its 
vigor  and  responsibility.  A feeble  Chief  Magistrate  is  but  the 
tool  of  his  Council,  while  to  an  able  and  unprincipled  Governor 
they  serve  as  a cloak. 

The  friends  of  a Convention,  with  but  few  if  any  exceptions, 
had  another  and  more  aggravated  cause  of  complaint.  Is  there 
a member  of  this  body  who  thinks  that  the  right  of  suffrage  now 
rests  on  a proper  basis?  Who  would  not,  if  disposed  to  restrict 
its  exercise  to  a freehold  qualification,  substitute  for  quantity 
a valuation  of  the  land  required  to  confer  a vote?  Should  a 


Hon.  Charles  Fenton  Mercer 


63 


freeholder  be  allowed  to  exercise  the  right  of  suffrage  on  fifty 
acres  of  land  situated  upon  the  summit  of  a barren  mountain, 
where  the  crow  would  not  build  her  nest,  while  this  right  is  with- 
held from  the  proprietor  of  a farm  of  twenty-four  acres  in  some 
fertile  valley,  which  with  its  improvements  may  be  worth  as  many 
thousand  dollars?  In  one  of  the  most  flourishing  townships  of 
Connecticut,  a territory  of  more  than  twenty  square  miles,  there 
is  not  a farm  exceeding  twenty-five  acres  in  dimensions,  the  mini- 
mum estate  which  the  present  Constitution  annexes  to  the  right 
of  suffrage  without  regard  to  its  value. 

Are  we  then,  Mr.  Chairman,  with  these  apologies,  to  be  re- 
garded as  coming  here  in  the  prosecution  of  schemes  of  narrow 
and  sordid  speculation?  May  I not  pronounce  such  a charge  to 
be  the  offspring  of  prejudice,  and  say  that  it  is  repelled  by  the 
history  of  the  proceedings  which  have  led  to  this  Convention? 

There  is  yet  another  of  analogous  birth  which  remains  to  be 
refuted  before  I proceed  with  my  enquiry  into  the  expediency 
of  the  proposed  amendment  of  the  gentleman  from  Culpeper 
[Mr.  Green]. 

It  has  been  more  than  insinuated,  that,  by  the  transfer  of 
political  power  from  the  Eastern  to  the  Western  portion  of  the 
Commonwealth,  the  friends  of  a Convention  design  to  shake  the 
ascendancy  of  certain  political  doctrines,  supposed  to  be  essential 
to  the  rights  of  this  Commonwealth  as  a member  of  the  Union. 

If  this  transfer  is  required  by  political  justice,  how  poor  a 
compliment  does  this  insinuation  pay  to  the  rights  which  it  thus 
seeks  to  defend? 

But  of  the  members  of  the  Virginia  Delegation  in  Congress 
residing  to  the  West  of  the  Blue  Ridge,  how  few  are  there  who 
differ  from  a majority  of  the  people  of  the  State  in  construing 
the  Constitution  of  the  United  States,  to  say  nothing  of  the  gen- 
tlemen on  this  floor,  from  the  counties  below  the  mountain,  who 
are  alike  advocates  for  the  strictest  construction  of  that  instru- 
ment, and  for  a thorough  amendment  of  our  Constitution  of  the 
State  Government? 

His  venerable  colleague  [Mr.  Monroe],  said  Mr.  M.,  had 
successfully  repelled  other  prejudices  which,  if  not  utterly  un- 


64 


Biographical  Sketch 


founded,  might  prove  of  fatal  influence  to  the  object  of  the  Con- 
vention, and  he  now  came  to  the  consideration  of  the  real  propo- 
sition before  the  Committee. 

The  resolution  of  the  Legislative  Committee  proposes  to  make 
the  white  population  of  the  Commonwealth  exclusively  the  basis 
of  the  apportionment  of  representation  in  the  House  of  Dele- 
gates- It  is  moved  by  the  member  from  Culpeper  to  rest  such 
apportionment  on  white  population  and  taxation  combined.  After 
the  most  laborious  attention  to  all  the  arguments  as  well  of  -the 
mover  of  this  amendment,  as  of  the  gentlemen  who  had  sus- 
tained him,  Mr.  M.  said  he  was  at  a loss  to  know  how  this  com- 
bination was  to  be  effected — in  what  proportions  population  and 
taxation  were  to  be  combined.  If  that  of  perfect  equality,  then 
what  description  of  taxes  were  to  be  balanced  against  the  rights 
of  the  freemen  of  Virginia?  Shall  one  of  the  compounds  be  de- 
lermined  by  taxing  all  the  property  of  every  citizen,  visible  and 
invisible?  To  this,  almost  insuperable  objections  might  be  urged, 
some  of  which  had  been  forcibly  pointed  out  by  the  member  from 
Northampton  [Mr.  Upshur].  If  visible  property  only  shall  be 
taxed,  is  all  that  a man  possesses  to  be  comprehended,  moveable 
and  immoveable?  If  one  description  only,  or  a portion  only  of 
each,  which,  or  what  part,  and  by  what  rule  or  ratio  of  numbers, 
quality  or  of  value?  Is  it  practicable  to  form  this  combined  basis, 
and  to  impart  to  it  the  simplicity,  the  stability,  to  say  nothing  of 
its  intrinsic  justice  or  propriety,  which  should,  in  a Constitution 
of  Government  designed  to  be  perpetual,  form  the  ground-work 
of  the  representation  of  the  people? 

The  author  of  the  proposed  amendment,  since  he  designed  to 
give  property  a certain  practicable  weight  in  the  Government, 
would  more  readily  accomplish  his  purpose  by  constituting  as  its 
measure  wealth  for  taxation,  the  thing  taxed  for  the  tax  itself. 
This  change  of  the  basis  of  representation,  in  terms,  would  not 
alter  the  principles  on  which  its  justice  and  propriety  rest,  and 
both  parties  would,  by  such  conversion,  be  enabled  better  to  com- 
prehend the  precise  end,  as  well  as  the  practicability,  of  the  pro- 
posed amendment. 

For  the  sake  of  my  own  argument  at  least,  I purpose  making 


MINIATURE  OB' 

HON.  CHARLES  FENTON  MERCER. 

Now  ;n  the  possession  of  his  great  niece,  Miss  Ella  J, 
(xarnett,  sister  of  the  Author. 


Vr 


Hon.  Charles  Fenton  Mercer  65 

this  substitution  of  wealth  itself  for  that  which  is  its  measure, 
in  any  equal  system  of  taxation.  Wealth  the  basis  of  representa- 
tion ! It  is  proposed,  indeed,  to  combine  it  with  numbers,  but  the 
quality  of  the  subject  must  follow  it  through  every  possible  com- 
bination, and  what  is  true  of  it  as  a simple,  may  be  affirmed  of 
it  as  an  ingredient  of  any  compound  basis  of  representation  of 
which  it  may  become  an  element. 

Was  wealth,  then,  ever  before  proposed  in  America,  except  in 
South  Carolina,  to  be  made  the  foundation  of  political  power 
in  the  popular  branch  of  a Government  professing  to  be  free? 
An  oligarchy  this  may  be,  open  to  all  bidders  for  power ; but  if 
not  an  oligarchy,  I have  no  conception  of  the  import  of  the  term. 

And  why  prefer  wealth,  if  equality  of  right  be  disregarded 
among  the  freemen  of  Virginia? 

In  savage  life,  mere  personal  qualities,  as  strength,  courage, 
confer  distinction,  and  not  without  reason.  The  term  in  our  lan- 
guage which  denotes  the  perfection  of  moral  worth,  is  borrowed 
from  latin  virtus,  which  originally  signified  strength,  that  quality 
of  man  which  barbarians  esteem  the  first  of  virtues,  because 
among  them  the  most  useful.  In  the  rudest  as  the  wisest  nations, 
age  has  its  claims  to  veneration,  of  which  my  feelings,  in  this 
assembly,  hourly  remind  me-  To  wisdom,  all  men  yield  respect ; 
and  as  society  grows  older,  birth  asserts  its  more  questionable 
claims  to  our  homage,  and  learns  at  last  to  back  them  by 
authority.  Wealth  comes  last  of  all,  to  buy  power  and  distinc- 
tion, and  if  I must  cease  to  be  a freeman,  ’tis  the  very  last 
dominion  to  which  I will  ever  bow  my  neck.  If  I must  choose 
between  the  aristocracy  of  birth  or  fortune,  I do  not  hesitate  a 
moment  which  to  prefer.  Had  I not  better  trust  my  liberty,  if 
I must  have  a master,  to  the  descendant  of  honest  parents,  who 
may  be  presumed  to  have  reared  and  educated  their  offspring 
with  care  and  tenderness,  than  to  a man  I do  not  know,  for  his 
mere  riches?  If  the  latter  be  obtained  by  sudden  acquisition,  or 
by  secret  or  unknown  means,  I should  think  it  incumbent  on  their 
possessor,  if  he  claimed  my  confidence,  and  much  more,  if  my 
obedience,  to  show  that  he  himself  had  honestly  acquired  his 
title. 


66 


Biographical  Sketch 


To  the  argument  of  my  friend  from  Frederick,  (Mr.  Cooke) 
that  wealth  would  protect  itself,  the  gentleman  from  Northamp- 
ton, (Mr.  Upshur)  had  replied,  that  it  could  do  so  only  by  cor- 
ruption, by  the  employment  only  of  the  basest  means.  And  shall 
representation  be  based  on  wealth?  (Here  Mr.  Upshur  ex- 
plained). Mr.  M.  said  he  had  not  misunderstood  the  eloquent 
member  from  Northampton,  though  he  could  not  do  justice  to  his 
former  language,  nor  had  the  gentleman  himself  done  so  in  his 
explanation.  If  unexceptionable  in  all  other  respects,  wealth 
(Mr.  M.  said)  would  be  found  in  all  countries  too  fickle  a basis 
of  representation  for  a distribution  of  political  power,  designed 
to  balance  the  interests  of  individuals,  or  of  distinct  portions  even 
of  the  same  community.  Individual  wealth!  Who  can  fix  it? 
He  who  can  stop  the  ever-revolving  wheel  of  fortune.  National 
wealth  is  subject,  though  not  in  the  same  degree,  to  like  uncer- 
tainty. Of  what  does  that  of  Virginia  consist?  Chiefly  of  lands 
and  slaves.  No  estimate  of  the  value  of  the  450,000  slaves  of 
Virginia  accompanies  the  Auditor’s  Report.  The  lands  of  the 
Commonwealth  were  valued  in  1817  at  206,000.000  of  dollars. 
What  are  they  now  worth?  Half  that  sum?  He  had  carefully 
sought,  throughout  the  Convention,  for  information  to  correct  the 
results  of  his  own  observation,  within  late  years,  as  to  the  change 
of  the  value  of  lands  in  Virginia.  After  all  his  enquiries,  he 
believed  they  had  fallen  to  two-fifths  of  their  former  estimated 
value;  and  could  not,  now,  be  computed  at  more  than  eighty,  or 
at  most,  than  ninety  millions.  Next,  as  to  slaves. 

A gentleman  sitting  near  him,  had,  at  the  period  to  which  he 
had  just  referred  of  the  passage  of  the  equalizing  land  law,  sold 
eighty-five  slaves  in  families,  at  300  dollars  round.  He  had  been 
assured  by  him,  and  by  other  gentlemen,  equally  well-informed, 
from  other  portions  of  the  Commonwealth,  that  150  dollars  for 
each  slave,  taking  them  in  families,  would  be  a fair  price  at  the 
present  moment.  This  description  of  labour,  then,  has  fallen  one- 
half,  and  lands  more  than  a half,  in  very  little  more  than  ten 
years-  In  the  estimate  of  the  last,  the  tables  supplied  by  the 
auditor  comprehended  $26,500,000  for  city  and  town  lots ; chiefly 
for  the  value  of  those  at  Richmond,  Petersburg,  Norfolk  and 


Hon.  Charles  Fenton  Mercer 


67 


Fredericksburgh — a value  dependent  on  the  fluctuations  of  domes- 
tic and  foreign  trade.  What  was  once  its  extent  in  this  city,  the 
metropolis  of  the  Commonwealth,  we  all  remember.  What  it  is 
now,  I know  not;  since  commerce,  the  inconstant  hand-maid  of 
fortune,  has  turned  her  helm  from  our  ports  to  the  favoured 
harbor  of  New  York.  Wealth  attracts  wealth.  Fortune  not  only 
withdraws  her  gifts  from  those  who  abuse,  but  from  those  who 
fail  to  use  them,  taking  from  those  who  have  little  that  which 
they  cannot  spare,  to  pour  it  into  the  lap  of  abundance.  While 
we  have  been  quarreling  about  Internal  Improvement,  New  York 
has  swallowed  up  the  commerce  of  America.  Driven  from  us  by 
our  unkindness,  it  has  gone  where  it  was  invited  by  wiser 
councils. 

There  are  fluctuations  of  the  value  of  property,  however, 
which  no  wisdom  can  elude  or  avert.  The  value  of  our  land  and 
labor  depends  on  the  value  of  the  staple  commodities  which  they 
produce ; this  on  the  demand  for  them  at  home  and  abroad,  and 
that  again  on  physical  and  moral  causes  which  no  Constitution  of 
Government,  which  man  himiself,  cannot  control ; on  the  seasons, 
in  other  countries,  as  well  as  our  own,  on  the  policy  of  other 
nations,  on  peace,  on  the  varying  events  of  foreign  war.  The 
act  of  Congress  reducing  the  minimum  price  of  the  national 
lands,  struck  down,  at  a blow,  the  value  of  every  landed  estate 
in  Virginia.  The  tide  of  wealth  which  set  in  from  Europe  to 
America  during  the  wars  of  the  French  Revolution,  rolled  back 
at  the  general  peace  which  succeeded  our  last  contest  with  Great 
Britain. 

If  this  uncertainty  of  wealth  operated  uniformly  on  all  the 
interests  of  our  Commonwealth,  their  relative  proportion  would 
not  be  sensibly  disturbed  by  it.  Such,  however,  is  not  its  effect- 
The  cotton,  the  tobacco,  the  grain,  and  even  the  grazing  interest, 
are  affected,  in  different  degrees,  by  the  same  agents ; and  al- 
though the  natural  tendency  of  the  profits  of  stock,  the  rent  of 
land  and  the  wages  of  labour,  in  the  same  country,  is  to  one  level, 
it  requires  time  to  still  the  successive  agitations  of  their  vary- 
ing values.  In  the  interim,  new  causes  are  continually  arising 
to  delay  their  subsidence  to  one  common  level ; and  this  principle. 


68 


Biographical  Sketch 


the  truth  of  which  is  unquestioned,  though  constantly  operating, 
may  never  accomplish  its  end. 

But  had  wealth  the  necessary  stability  to  serve  the  purpose  of 
the  proposed  amendment,  is  taxation  in  any  known  system  a 
just  measure  of  that  wealth? 

Taxation  is  the  instrument  by  which  legislation  draws  from 
the  private  revenue  of  each  citizen  his  fair  proportion  of  the 
public  expenditure.  It  should  be  proportioned  to  his  ability  to 
pay  it.  It  should,  therefore,  be  drawn  from  his  income,  and  not 
from  his  capital,  except  with  a view  that  his  income  shall  supply 
the  call.  His  income  cannot  be  reached,  if  at  all,  by  expedient 
means ; and  wisdom  suggests  the  propriety  of  taxing  his  expen- 
diture, which  usually  bears  a certain  proportion  to  his  income. 

The  constitutional  power  of  another  Government  restrains  the 
application  of  these  principles  to  taxation  in  Virginia  under  the 
authority  of  the  State ; and,  in  other  respects,  diversifies  the 
action  of  our  local  system  of  public  revenue.” 

When  Mr.  Mercer  determined  to  resign  his  seat  in  Congress, 
which  he  had  filled  continuously  for  twenty-three  years  (1817- 
1840),  he  issued  the  following  “Farewell  Address  to  his  Constitu- 
ents.” It  is  believed  that  this  term  of  service  is  greater  than  that 
of  any  member  of  Congress  from  Virginia  up  to  the  present  time. 

The  high  estimation  in  which  he  was  held  by  his  constituents 
is  shown  by  this  length  of  continuous  service,  he  being  often  re- 
elected without  opposition  and  without  contest  after  his  first 
election.  The  Annals  of  Congress,  the  Register  of  Debates,  and, 
during  the  latter  part  of  his  term,  the  Congressional  Globe,  show 
the  subjects  which  chiefly  engaged  his  attention.  He  devoted 
himself  most  assiduously  to  the  interests  of  his  constituents  and  his 
country,  and  no  one  stood  higher  than  he  in  the  esteem  of  his 
colleagues.  His  devotion  to  his  duties  impaired  his  fortunes,  and 
rendered  necessary  a withdrawal  from  the  public  service  at  over 
sixty  years  of  age  in  order  to  confine  his  attention  to  his  private 
affairs,  but  even  then  his  life  was  spent  in  the  service  of  others. 


Hon.  Charles  Fenton  Mercer 


69 


THE  FAREWELL  ADDRESS  OF  THE  HON.  C.  F.  MER- 
CER TO  HIS  CONSTITUENTS. 

To  THE  Voters  of  Loudoun,  Fairfax  and  Fauquier. 

Fellozv-Citizens- — Being  about  to  leave  my  present  for  a re- 
mote abode,  as  you  were  publicly  apprized  more  than  twelve 
months  ago  that  I had  long  contemplated,  it  will  shortly  become 
my  duty  to  resign  the  public  station  for  which  I am  indebted 
to  your  suffrages. 

I might  perform  that  office  with  the  customary  brevity,  if  I 
did  not  feel  something  to  be  due  to  the  intimate  relation  which 
has  united  me  to  all  of  you  for  several  years,  and  to  many  of 
you  for  more  than  thirty,  I might  say,  for  very  near  the  third 
of  a century,  the  better  moiety  of  the  active  term  of  the  longest 
life;  for,  prior  to  my  election  to  the  House  of  Delegates,  I was 
deputed  to  Richmond,  two  successive  winters,  as  the  special  agent 
of  important  public  interests  of  the  county  of  Loudoun. 

Nor  can  I forget  that,  by  the  same  portion  of  my  constitu- 
ents, I was  twice  elected,  without  personal  solicitation,  a member 
of  that  body  when  unopposed,  and  thrice  when  absent  from  the 
hustings.  At  one  of  those  periods,  occurring  in  the  last  war,  I 
was  engaged  as  a volunteer  on  a distant  military  service;  at 
another,  supposed  to  be  at  the  point  of  death  in  the  vicinity  of 
Leesburg ; and  at  the  last,  without  the  Commonwealth ; and  de- 
sirous to  retire  from  a station,  the  duties  of  which  I had  not,  I 
believed,  strength  to  perform. 

A seventh  time,  however,  you  commanded  my  service,  and  I 
rendered  it  to  the  best  of  my  poor  ability. 

Need  I say,  you  have  done  much  to  attach  me  to  your  interest, 
and  to  render  a separation  from  you^  painful  ? 

What  I have  related  constitutes  a small  part,  only,  of  the  ex- 
tent of  my  obligations  to  you. 

During  my  long  continuance  in  your  service,  you  have  judged 
me  as  you  would  be  judged ; not  by  a solitary  vote,  or  a single 
measure  of  my  political  life,  but  by  the  general  tenor  of  my  con- 


70 


Biographical  Sketch 


duct  as  your  representative ; and  you  have  allowed  my  motives 
to  plead  an  excuse  for  my  actions. 

One  evidence  of  candor  was  so  often  manifested  as  to  be  in- 
delibly engraven  on  my  heart ; and  has  never  recurred  to  my 
memory  without  awakening  feelings  of  pride  as  well  as  gratitude. 

During  the  war,  which  some  of  you  thought  unjust,  many,  un- 
warranted by  the  occurrences  which  immediately  led  to  its  decla- 
ration, and  many  more,  as  I did,  impolitic,  because  declared  with- 
out adequate  preparation,  while  you  sustained  my  predecessor  in 
opposing  every  warlike  measure  of  Congress,  you  generously  per- 
mitted me,  as  your  delegate  in  the  General  Assembly,  not  only  to 
enlarge  the  old  and  to  invent  new  taxes,  in  aid  of  the  revenue 
which  that  war  required,  but  to  authorize  the  substitution  of  a 
regular  army  of  ten  thousand  men  for  the  services  of  our  patri- 
otic but  harassed  militia. 

You  allowed  me,  without  withdrawing  your  suffrages,  to  quit 
the  station  which  you  had  assigned  me  in  the  Legislature,  to  ac- 
company the  Governor  to  Norfolk,  as  his  aid  in  planning  the  de- 
fence of  our  Atlantic  frontier ; and  to  be  subsequently  appointed, 
by  himself  and  his  Council,  second  in  command  of  the  only  regu- 
lar regiment  then  contemplated  to  be  raised  for  the  security  of 
the  State.  You  saw  me,  without  jealousy  or  distrust,  chosen  by 
a majority  of  the  General  Assembly,  to  whom  you  were  politi- 
cally opposed,  to  command  a brigade  of  regular  troops,  after 
having  been  recently  appointed,  by  an  Executive  in  whose  elec- 
tion you  would  not  have  concurred,  Inspector-General  of  the 
large  army,  hastily  gathered,  for  the  defence  of  the  capital  of 
Virginia  when  threatened  with  invasion. 

The  gratitude  of  a Representative  to  his  constituents  for  a 
confidence  thus  expressed  and  continued,  is  doubly  augmented 
by  my  remembrance  of  the  patience  with  which  you  have  at  all 
times  awaited  my  vindication  when  unjustly  accused,  and  the  un- 
failing indulgence  with  which  you  have  ever  regarded  the  errors 
of  a too  fallible  judgment. 

To  one  feature  of  our  connection,  most  honorable  to  your- 
selves, I cannot  forbear  adverting-  While  it  began,  as  I have 
stated,  without  the  slightest  solicitation  on  my  part,  and  has  been 


Hon.  Charles  Fenton  Mercer  71 

continued  till  my  fortune  has  been  greatly  impaired  by  neglect, 
no  part  of  that  fortune  has  been  expended  in  purchasing  your 
favor.  However  countenanced  I might  have  been  by  usage  in 
adopting  a different  mode  of  canvassing,  all  my  elections  to- 
gether— and  several  of  them,  you  know,  have  been  zealously  and 
ably  contested — have  not  cost  me  a farthing. 

^ly  constituents  of  the  counties  I represent,  in  conjunction 
with  that  of  Loudoun,  will,  I am  sure,  pardon  me  for  dwelling, 
in  an  address  due  to  them  collectively,  on  the  early  instances  of 
kindness  manifested  towards  me  by  that  portion  of  my  fellow- 
citizens  among  whom  I have  resided. 

Towards  all  who  have,  at  any  time,  honored  me  with  their 
suffrages,  I cherish  the  most  grateful  emotions. 

About  to  interpose  a vast  distance  between  your  abode  and 
mine,  I shall  not  be  suspected  of  insincerity  if  I add  that,  in  the 
whole  course  of  my  public  life,  I have  considered  myself  equally 
the  servant  of  all  my  constituents,  and,  after  every  election,  how- 
ever contested,  have  desired  to  forget  who  vofed  for  and  who 
voted  against  me. 

To  my  political  opponents,  some,  indeed  many,  of  whom  are 
among  my  most  respected  associates,  I have  felt  peculiar  pleasure 
in  tendering  every  personal  service  in  my  power ; and  if  among 
my  competitors  for  the  station  I am  now  about  to  resign,  there  be 
one  whom  I more  highly  esteem  than  the  rest,  he  is  the  magnani- 
mous friend — for  friend  I am  proud  to  call  him — who,  more 
than  once,  endangered  my  political  life. 

Believing  that,  under  all  free  governments,  and  full  well 
knowing  that,  under  our  own,  party  spirit  would  acquire  and 
retain  sufficient  strength,  without  artificial  excitement,  I have 
sought  to  repress  its  excess  in  myself,  and  to  allay  its  fervmr  in 
others.  I have  done  this  certainly  with  no  view  to  my  political 
advancement,  since  the  party  with  which  I have  generally  acted 
has,  at  all  times,  possessed  a decided  ascendency  in  this  Congres- 
sional district. 

The  natural  bias  arising  from  my  earliest  associations  in  life 
prompted  this  moderation ; and  it  has  been  confirmed  by  the  pecu- 
liar character  of  the  objects  of  my  subsequent  pursuit. 


72 


Biographical  Sketch 


In  Congress,  as  in  the  State  Legislature,  I found  enough  to 
animate  my  zeal  and  to  reward  my  labor,  in  endeavoring  to  ac- 
complish measures  wholly  disconnected  with  the  politics  of  the 
day.  Many  of  these  measures  could  not,  indeed,  have  been  suc- 
cessfully prosecuted  without  the  concurrence,  to  a certain  extent, 
of  both  the  parties  which  have,  at  all  times,  agitated  our  public 
councils.  1 

To  go  back  to  the  General  Assembly  for  examples.  What 
visible  connection  is  there  to  be  found,  let  me  ask,  between  the 
distinguishing  principles  of  the  old  or  new  parties  which  have 
divided  you,  and  the  establishment  of  “the  University  of  Vir- 
ginia,” along  with  “such  additional  colleges,  academies,  and 
schools,  as  shall  diffuse  the  benefits  of  education  throughout  the 
Commonwealth?”  Such  is  a literal  quotation  from  the  language 
of  a resolution,  which,  without  preconcert  with  any  party  or  per- 
son, but  with  the  support  of  all,  I submitted  to  the  Legislature  in 
i8i6,  and  which  received  the  immediate  sanction  of  both  Houses, 
accompanied  by  an  appropriation  of  near  a million  and  a half 
of  dollars  towards  its  execution. 

Whatever  may  be  the  state  of  parties  at  present,  there  existed 
at  that  time  as  little  connection  between  their  peculiar  opinions, 
and  that  enlargement  of  the  banking  capital  of  Virginia  by  the 
extension  of  the  charter  of  the  old,  and  the  creation  of  a new 
bank,  which  enlarged  the  fund  for  internal  improvements  to  near 
a million  and  a half,  while  it  gave  a new  spur  to  commerce  and 
the  arts,  and,  by  counterbalancing,  neutralized  the  sinister  in- 
fluence of  a single  pre-existing  and  powerful  moneyed  corpo- 
ration. 

Surely  no  transient  party  interest  was  sought  to  be  promoted 
by  the  creation  and  constitution  of  a fund  for  internal  improve- 
ment, and  a board  of  public  works  to  suggest  and  supervise  its 
judicious  application  to  the  roads  and  internal  navigation  of  the 
State,  on  terms  of  equal  justice  to  all  her  great  and  vital  interests. 

As  little  real  connection  can  be  discerned  between  the  fleeting 
purposes  of  party  politics,  and  the  renovation  of  the  principles 
of  civil  liberty,  by  availing  ourselves  of  a period  of  general  tran- 
quillity at  home  and  abroad  to  amend  our  State  Constitution  by 


Hon.  Charles  Fenton  Mercer  73 

equalizing  the  basis  of  popular  representation  and  extending  the 
right  of  suffrage. 

The  unanimitj^  with  which  you  concurred  in  calling  a Conven- 
tion for  those  and  other  objects,  manifested  how  little  party 
politics,  although  charged  upon  its  prime  mover,  prompted  its 
inception  or  prosecution. 

The  plan  of  colonizing  our  free  colored  population  upon  the 
coast  of  Africa,  submitted  to  the  General  Assembly  early  in  De- 
cember, 1816,  after  much  previous  consultation,  and  almost  unani- 
mously approved  by  both  Houses,  affords  a like  example  of  a 
measure  requiring  and  receiving  the  support  of  all  descriptions  of 
political  partisans,  while  its  benevolent  and  comprehensive  pur- 
poses embrace  the  interests  of  two  continents,  and  are  entitled  to 
the  benediction  and  favor  of  all  men.  Such  are  some  of  the 
measures  which  occupied  my  time  and  filled  my  thoughts,  while 
serving  seven  years  apprenticeship  in  the  House  of  Delegates  of 
Virginia- 

Turning  from  the  legislation  of  the  State  to  that  of  Congress, 
since  I have  had  the  honor  to  participate  in  its  proceedings,  simi- 
lar features  will  be  found  to  distinguish  the  far  greater  part  of 
the  subjects  that  have  most  deeply  interested  me  as  your  Repre- 
sentative. Some  of  these  are  almost  identical  with  those  which 
I have  briefly  enumerated;  as,  that  Act  of  1819  for  the  sup- 
pression of  the  African  slave  trade,  to  which  the  colonization  of 
Liberia  is  mainly  ascribable,  and  the  subsequent  denunciation  of 
that  odious  traffic  as  piracy,  designed  in  part  for  the  protection 
of  that  infant  colony,  by  inviting  the  whole  civilized  world  to 
unite,  under  our  example,  in  exterminating  the  most  formidable 
enemy  of  its  peace  and  prosperity. 

A like  affinity  to  the  object  of  the  Virginia  fund  for  inter- 
nal improvement  is  to  be  discerned  in  the  incorporation  of  the 
Chesapeake  and  Ohio  Canal  Company,  and  the  subscription  by 
Congress  of  a million  of  dollars  to  its  stock — a company  depend- 
ing for  its  success  as  well  as  its  existence  on  the  concurrent  action 
of  three  States,  each  having  a rival  work  to  accomplish ; on  the 
Union  of  as  many  cities,  competing  for  the  same  commerce;  and 
the  co-operation  of  Congress,  the  exclusive  legislature  of  the 


74 


Biographical  Sketch 


District  of  Columbia — an  enterprise,  moreover,  predicted  to  cost 
more  than  twenty  millions,  and  actually  requiring  the  labor  of 
six  years,  and  seventeen  acts  of  legislation  for  its  commence- 
ment. Need  I add  that  it  could  not  have  been  begun,  or,  so  far, 
successfully  prosecuted,  without  the  countenance  and  favor  of 
both  the  parties  which  have  divided  the  councils  of  the  State  as 
well  as  of  the  Union ; and  that  its  ultimate  extension  to  the  Ohio 
now  rests  on  the  same  generous  combination. 

Further,  let  me  remark  that  there  are  no  measures  whatever 
calculated  to  insure  the  permanency  and  promote  the  improve- 
ment of  the  seat  of  government,  in  which  you  have  not  all  an 
immediate  and  obvious  interest,  which  a faithful  Representative 
cannot  disregard ; while  it  would  be  difficult  to  point  out  a single 
measure  of  that  tendency  at  all  connected  with  party  views,  since 
the  citizens  of  the  District  of  Columbia  are  denied  by  the  Con- 
stitution any  participation  in  the  government  of  the  United 
States. 

In  a station  of  great  labor,  unsought  by  me,  I have  for  the 
last  ten  years  been,  moreover,  charged  by  the  House  of  Repre- 
sentatives with  duties  analogous,  in  all  respects,  to  the  objects 
I have  specially  recited ; with  studying  and  reporting  upon  the 
examinations,  surveys,  and  estimates  of  sites  for  new,  or  plans 
for  the  improvement  of  old  harbors  on  the  Atlantic,  the  Gulf  of 
Mexico,  or  the  Northern  lakes ; with  the  development  of  the  re- 
sources of  our  vast  public  domain  to  the  South  and  West  by  the 
construction  of  those  roads,  and  the  removal  of  obstructions  from 
those  rivers,  and  along  those  coasts,  designed  to  open  the  forest 
to  the  light  of  cultivation,  and  to  afford  an  asylum  to  the  poor  and 
adventurous  emigrant.  Although  not  immediately,  you  cannot 
fail  to  perceive  that  you  are  ultimately  interested  in  all  those 
works  which  have  been  constructed  to  improve  the  value  of  those 
lands,  of  which,  in  common  with  the  whole  people  of  the  United 
States,  you  are  the  undoubted  proprietors.  By  their  sale  your  pub- 
lic debt  has  been  discharged,  your  State  treasury  enriched,  and 
your  language,  laws  and  forms  of  free  government  spread  over 
a trackless  wilderness  of  almost  boundless  extent. 

You  have  not  blamed  me,  nor  will  you  hereafter,  for  having 


Hon.  Charles  Fenton  Mercer 


75 


devoted  my  time  and  thoughts,  along  with  whatever  industry  or 
ability  I could  exert,  to  the  objects  I have  described,  while  there 
remained  so  many  of  my  colleagues  and  associates  in  public  life 
seeking  merited  distinction  through  other  paths  of  State  or 
Federal  legislation. 

In  the  prosecution  of  their  labor,  wherever  I approved  of  its 
direction,  they  have  received  such  aid  as  my  sentiments,  ever 
freely  imparted,  and  my  votes,  never  withheld  through  a dread 
of  your  displeasure,  could  at  any  time  afford  them. 

Early  taught,  by  precept  and  example,  the  obligation  to  be 
useful  rather  than  distinguished — a maxim  of  Christian  rather 
than  of  heathen  philosophy — I have  sought  no  offices  but  those  in 
your  gift,  and  found  both  occupation  and  pleasure  in  endeavoring 
to  advance  your  permanent  welfare  and  happiness.  I have  dili- 
gently prosecuted  this  first  duty  of  your  Representative,  some- 
times with  the  certain  knowledge  that,  until  time  should  reveal 
the  true  effect  of  the  means  which  I selected  for  the  attainment 
of  my  end — the  only  end  worthy  of  a statesman — they  would  not 
receive  your  approbation,  though  they  might  your  forgiveness. 
If  I have  of  late  appeared  to  some  of  you,  who  would  prefer  the 
services  of  other  candidates  for  your  favor,  too  tenacious  of 
the  station  I have  so  long  filled  in  Congress,  it  has  obviously  been 
from  no  sordid  or  ambitious  motive. 

I entered  your  service  rich-  I shall  leave  it  poor,  though,  I 
trust,  independent.  Such,  at  least,  whatever  may  be  my  fortune, 
shall  be  my  conduct  through  life.  Having  repeatedly  sustained 
an  amendment  of  the  Constitution  of  the  United  States  which, 
if  adopted,  would  deprive  the  President  of  the  power  of  appoint- 
ing a member  of  Congress  to  any  office  whatever,  I declined  an 
honorable  and  lucrative  employment,  when  that  high  station  was 
filled  by  one  of  my  earliest  friends,  and  against  the  recommen- 
dation and  advice  of  the  oldest  and  most  revered  friend  I have 
now  living. 

May  I not,  fellow-citizens,  be  permitted  to  say  that,  in  thirty 
years  devoted  to  her  interest,  I have  rendered  the  Common- 
wealth I am  now  about  to  leave,  whether  she  be  sensible  of  it  or 
not,  some  small  service ; and  to  carry  that  reflection  with  me  as 


76 


Biographical  Sketch 


a solace  for  a reduced  fortune,  and  the  final  separation  that 
awaits  us? 

In  returning  to  your  hands  the  high  trust  you  have  so  long 
confided  to  me,  shall  I incur  the  imputation  of  arrogance  or 
vanity  if  I say  that  it  has  been  neither  neglected  nor  abused? 
That  I have  often  silently  allowed  the  good  I may  have  done,  or 
sought  to  do,  to  be  ascribed  to  the  labors  or  suggestions  of 
others?  That  I have  diligently  sought  to  accomplish  measures 
of  essential  consequence  to  the  community  at  large,  while  I have 
quietly  borne  the  accusation  of  neglecting  those  to  which  the 
politics  of  the  day  impart  a transient,  yet  an  engrossing,  interest? 

I have,  in  truth,  fellow-citizens,  at  all  times  preferred  your 
welfare  to  your  applause,  and  afforded  my  enemies  (and  what 
public  man  is  without?)  a temporary  triumph;  while  I relied, 
not  without  reason,  on  your  justice  to  acquit  me  of  indolence  or 
treachery. 

I love  labor  for  its  own  sake ; and  have  ever  considered  the 
rigor  of  that  primal  curse,  which  expelled  our  first  parents  from 
Eden,  as  mercifully  tempered  by  the  sentence  which  condemned 
them  to  gather  their  subsistence  by  the  sweat  of  their  brows. 

The  latter  imputation  I now  disdain  to  notice;  but  I have 
sometimes  repelled  it,  in  your  presence,  at  the  hazard  of  incur- 
ring the  reproach  of  egotism,  though  in  the  appropriate  exercise 
of  that  right  of  self-defence  with  which  all  animals  are  endowed, 
and  the  innocent  and  the  guilty  of  our  own  species  are  invested 
by  reason  and  by  law. 

I am  about  to  bid  you  final  adieu ; but  many  of  you  will  be 
gratified,  I well  know,  to  learn  that  I go  to  a remote,  indeed,  but 
beautiful  Territory,  as  its  name  implies,  to  renew  the  society  of 
ancient  friends  who  have  preceded  me,  and  under  circumstances 
conducive  to  my  personal  interest,  which  no  longer  admits  of 
postponement  without  injustice  to  others  as  well  as  to  myself. 

I shall  not  attempt  to  conceal  from  you,  nor  shall  I disguise 
in  my  new  abode,  the  regret  I shall  feel  in  resigning  the  high 
station  which  you  have  so  often  conferred  on  me,  and  recently 
by  an  augmented  vote;  and  in  quitting  a Commonwealth  whose 
soil  embosoms  the  remains  of  my  kindred  for  three  generations. 


Hon.  Charles  Fenton  Mercer  77 

and  to  whose  welfare  I have  devoted  the  better  half  of  a nearly 
expended  life. 

The  station  of  a member  of  the  House  of  Representatives, 
the  popular  branch  of  the  Legislature  of  fifteen  millions  of  peo- 
ple, is  a high  trust,  and  has  at  all  times  great,  and  at  this  period 
peculiar  attractions,  from  the  importance  of  the  measures  which 
its  approaching  deliberations  must  necessarily  involve.  I have, 
moreover,  an  earnest  desire  to  see  completed  those  works  over 
the  commencement  and  progress  of  which  I have  most  anxiously 
watched. 

Among  those  I regard  as  of  the  first  magnitude  the  extension 
of  the  Chesapeake  and  Ohio  Canal  to  its  contemplated  western 
termination ; and  for  the  last  three  years  I have  been  engaged 
through  a long  correspondence  in  collecting  materials  to  demon- 
strate the  facility  of  its  execution. 

Among  my  last  and  most  urgent  requests  of  you  is,  that  you 
will  never  allow  this  work,  which  originated  among  you,  and  is 
so  important  to  yourselves  and  to  the  Union,  to  terminate  at  the 
eastern  base  of  the  Alleghany. 

One  other  measure,  and  one  onl}^  but  of  a different  cast,  I 
beg  leave  to  recommend  to  your  special  regard.  I mean  a practi- 
cal expedient  for  reducing  the  overgrown  executive  power  of 
the  Federal  Government. 

One,  and  but  one,  political  opinion  of  any  magnitude,  do  I 
remember  to  have  changed  since  I entered  your  service.  Cradled 
in  the  Revolution,  I have  never  wanted  an  ardent  love  of  genu- 
ine freedom,  nor  have  I approved  of  all  the  measures  of  any  party 
which  has  hitherto  existed  under  our  present  Government. 

While  I acknowledge  that,  in  the  outset  of  life,  I believed 
the  Executive  too  weak  to  counterpoise  the  Legislative  depart- 
ment of  our  Federal  Government,  I avow  a reversal  of  that 
opinion  within  the  last  four  or  five  years.  This  revolution  has 
been  effected  rather  by  the  gradual  change  of  the  circumstances 
around  me,  than  by  the  operations  of  my  own  mind  upon  those 
of  antecedent  existence.  The  introduction  of  new  States  into 
the  Union,  and  the  consequent  multiplication  of  federal  offices 
of  high  dignity  and  emolument ; the  wanton  enlargement  of  the 


78 


Biographical  Sketch 


diplomatic  corps,  a station  in  which  will  always  be  pre- 
ferred to  a seat  in  either  House  of  Congress ; the  great  augmen- 
tation of  all  salaries,  so  that  a clerkship  at  Washington  has  be- 
come the  retreat  of  members  of  Congress ; the  growth  of  cor- 
ruption, and  its  visible  fruit  in  the  audacious  avowal  of  the 
monstrous  but  practiced  maxim  that  all  executive  offices  are  but 
the  just  spoils  of  party  triumph ; all,  united  together,  have  sub- 
jected the  Legislature  to  the  influence  of  the  Executive,  to  such 
extent  as  to  leave  the  President  without  any  adequate  constitu- 
tional check  upon  the  abuse  of  his  power.  Upon  this  most 
solemn  topic,  the  purpose  of  this  already  protracted  address  does 
not  allow  me  to  expatiate  as  freely  as  I would  wish.  Allow  me, 
however,  to  say  that,  as  the  party  in  power  will  always  desire 
to  preserve  this  undue  influence,  a sufficient  number  of  States, 
all  of  whom  are  torn  more  or  less  by  the  same  factions,  will 
never  be  induced  to  apply  an  adequate  remedy  by  amending  the 
Constitution,  which  requires  the  concurrence  of  three-fourths. 
It  behooves  the  people,  therefore,  to  try  the  efficacy  of  ordinary 
legislation  directed  to  the  same  end,  within  the  limitations  pre- 
scribed by  that  instrument. 

With  this  view,  I instituted,  during  the  last  Congress,  through 
the  agency  of  a select  committee,  an  inquiry  into  the  practica- 
bility of  reducing,  by  dividing  the  power  of  appointment,  and  of 
subjecting  its  abuse  to  new  restrictions. 

The  authority  for  such  reform  is  to  be  found  in  the  clause 
of  the  Constitution  which  gives  to  Congress  the  power  of  vest- 
ing the  appointment  to  such  offices  as  have  not  their  mode  of 
appointment  prescribed  by  itself,  “in  the  courts  of  law,  or  in  the 
heads  of  departments.”  Considering  the  latter  in  the  light  in 
which  the  late  President  regarded  them,  as  divested  of  all  dis- 
cretion, except  at  his  will,  nothing  would  be  gained  in  the  choice 
of  proper  officers  by  vesting  the  power  of  appointment  in  them. 
But,  by  subjecting  them  to  the  necessity  of  giving  to  Congress, 
whenever  called  upon,  their  reasons  for  every  removal  of  an 
officer  appointed  by  them,  a salutary  restraint  would  be  imposed 
on  the  abuse  of  that  power,  which,  by  an  early  and  uniform 


Hon.  Charles  Fenton  IMercer  79 

construction,  rather  than  the  language  of  the  Constitution,  has 
been  regarded  as  absolute  in  the  President. 

The  judges  of  the  courts  of  the  United  States  may,  assuredly, 
be  regarded  as  competent,  and  safely  entrusted  with  the  power 
to  select  suitable  persons,  within  their  respective  districts,  to 
fill  the  offices  of  marshals  and  attorneys  of  the  United  States — 
both  of  which  offices  have  been  conferred  by  the  President  on 
members  of  the  National  and  State  Uegislatures  as  the  reward 
of  past,  or  an  incentive  to  future,  subserviency. 

The  inquiry  to  which  I have  adverted  further  contemplated 
several  amendments  of  the  existing  laws  in  relation  to  the  Post 
Office  Department.  For  a special  and  transitory  purpose,  the 
salary  of  a former  most  estimable  Postmaster  General,  now 
occupying  a seat  on  the  bench  of  the  Supreme  Court,  was  aug- 
mented very  inconsiderately,  as  I now  think,  and  the  officer  was 
immediately  translated  to  the  President’s  Cabinet,  to  add  to  the 
number  of  his  constitutional  advisers.  The  duties  of  such  a sta- 
tion would  seem,  however  important  to  the  revenue  and  the  pub- 
lic accommodation,  to  require  very  different  qualities  from  those 
which  have  distinguished  the  political  partisans  usually  selected 
for  heads  of  Departments.  The  Postmaster  General  need  be 
neither  an  able  writer,  nor  orator,  nor  even  a theoretical  or  prac- 
tical statesman.  An  industrious  and  expert  accountant,  of  in- 
corruptible integrity  and  steady  habits,  would  suffice  for  the 
performance  of  all  the  duties  of  such  a station;  which,  let  me 
remark,  of  all  others  under  our  Government,  has,  in  its  nature, 
the  least  connexion  with  party  politics,  if  honestly  administered : 
but  admits,  if  corruptly  used,  of  the  most  dangerous  application, 
since,  with  a revenue  of  four  millions,  its  influence  extends  to 
the  interests  and  conduct  of  many  thousand  subordinate  depu- 
ties, contractors,  and  agents,  spread  over  the  United  States  and 
their  Territories. 

Uet  the  salary,  therefore,  of  this  office  be  reduced  to  its  for- 
mer amount,  so  as  to  countervail  the  inference  deduced  from 
its  last  augmentation,  that  Congress  desired  its  incumbent  to  be 
made  a daily  counsellor  of  the  President ; and  let  him  appoint 
all  his  deputies,  and  be  required  to  communicate  the  reason  of 


8o 


Biographical  Sketch 


their  removal  to  each  succeeding  Congress.  You  will  thus  re- 
store the  irreproachable  administration  of  that  office  which  pre- 
ceded the  augmentation  of  its  salary. 

Publicity,  which,  so  long  as  the  people  preserve  their  purity, 
will  expose  guilt  to  disgrace  and  shame,  is  the  most  efficacious 
temporal  restraint  upon  the  indulgence  of  base  or  unworthy 
motives,  and  should  be  applied,  where  practicable,  to  all  re- 
movals from  office  merely  ministerial,  as  a check  upon  the  abuse 
of  the  power  of  appointment,  and  a safeguard  to  the  indepen- 
dent and  faithful  officer. 

But,  fellow-citizens,  I am  departing  from  the  object  of  this 
address ; I have  lingered  upon  the  threshold  as  it  were  of  your 
dwellings,  to  delay  the  painful  moment  of  our  final  separation. 
I close  this  address  with  a simple  explanation  of  my  reason  for 
not  immediately  resigning  into  your  hands  the  office  you  have  be- 
stowed on  me. 

Had  the  necessity  of  my  resignation  been  manifest  early 
enough  for  the  election  of  my  successor  in  time  to  occupy  my 
seat  at  the  opening  of  the  approaching  session  of  Congress,  it 
would  have  instantly  succeeded  the  event  which  causes  it.  Per- 
ceiving this  to  be  impracticable,  after  making  it  extensively 
known  by  letters  to  various  gentlemen  of  both  parties  that  I 
meant  to  remove  to  Florida,  I felt  it  to  be  due  to  you,  however 
personally  inconvenient  to  myself,  to  defer  my  resignation  till  a 
quorum  of  the  next  House  of  Representatives  shall  have  as- 
sembled, and  its  organization  [been]  completed. 

For  every  practical  purpose,  at  home,  in  the  intermediate 
period,  I wish  you,  however,  to  consider  the  station  I hold  as 
already  vacated ; and  with  this  view  I have  hastened  the  publi- 
cation of  this  address-  As  no  opportunity  will  be  afforded  me 
of  taking  leave  of  you  in  person,  I avail  myself  of  this  occa- 
sion to  bid  you  an  affectionate  farewell,  and  to  add  my  fervent 
prayer  that  heaven  may  bestow  on  you  and  your  latest  posterity 
its  choicest  blessings. 

C.  F.  Mercer. 

Aldie,  Loudoun  Co.,  Va., 

November  i6,  1839. 


BUST  OF  HON.  CHARLES  FENTON  MERCER. 
Now  at  “Elmwood,”  Essex  County,  Virginia. 


Hon.  Charles  Fenton  Mercer  8i 

The  original  pamphlet  contains  an  account  of  a “Public  Din- 
ner to  the  Hon.  Charles  F.  Mercer,”  from  the  Leesburg  “Genius 
of  Liberty,”  on  Friday,  December  27,  1839,  at  which  numerous 
toasts  were  drunk,  among  them  the  following: 

“By  Dr.  Wm-  B.  Cochran — our  esteemed  friend  Colonel 
Charles  Fenton  Mercer;  May  he  find  in  Florida  not  only  friends 
and  fortune,  but  the  spring  of  perpetual  youth,  vainly  sought  for 
by  Ponce  de  Leon !”  and 

“By  Col.  Lloyd  Noland — The  Hon.  Charles  Fenton  Mercer, 
the  gentleman,  the  statesman;  may  heaven’s  choicest  blessings 
follow  him  wherever  he  may  go!” 

The  pamphlet  contains  also  an  account  of  a “Dinner  to  Gen- 
eral Charles  Fenton  Mercer,”  in  Washington,  D.  C.,  on  Janu- 
ary   , 1840,  at  which  Senator  Southard,  of  New  Jersey,  pre- 

sided and  offered  the  following  toast:  “Charles  Fenton  Mercer — 
a scholar  rare  and  ripe — a patriot  of  enlarged  and  liberal  views — 
a man  without  reproach.  We  may  testify  our  respect  and  love 
for  him  without  the  purity  of  our  principles  or  of  our  hearts 
being  called  in  question.” 

A few  letters  follow  written  to  relatives  during  his  last  visit 
to  Europe,  the  principal  object  of  which  was  to  unite  the  gov- 
ernments of  Europe  in  putting  an  end  to  the  African  slave  trade, 
which,  at  his  instigation,  had  already  been  denounced  as  piracy 
by  some  of  them. 

He  had  for  many  years  been  interested  in  African  coloniza- 
tion, and  had  used  his  best  efforts  to  secure  the  settlement  of 
emancipated  slaves  in  the  colony  of  Liberia.  It  has  been  men- 
tioned above  that,  on  his  return  from  his  last  visit  to  Europe, 
he  made  his  home  at  “Howard,”  the  Episcopal  High  School  of 
Virginia,  then  under  the  rectorship  of  the  Rev-  John  Peyton 
jMcGuire,  whose  first  wife  was  his  niece,  and  where  he  ended 
his  life  on  May  4,  1858.  He  carefully  preserved  all  letters  re- 
ceived by  him,  and  the  writer  recalls  that  he  had  with  him  at  the 
High  School  a tin  trunk  full  of  such  letters  from  the  most  promi- 


82 


Biographical  Sketch 


nent  men  in  the  country.  This  trunk  was  still  there  when  the 
buildings  were  taken  as  a Federal  Hospital,  and  this  valuable 
correspondence  was  dissipated. 


(To  Mrs.  Maria  H.  Garnett) 

Paris,  Deer.  8th,  1854. 

My  dear  Cousin. — Having  just  ended  an  excursion  of  3,730 
miles  to  St.  Petersburg  and  Revel,  in  order,  chiefly,  to  see  two  Rus- 
sian friends,  of  Isthonia,  residing  near  Napsal,  on  the  Baltic, 
before  I proceed  to  England,  next  Monday,  to  attend  the  con- 
vention of  the  British  Parliament,  I seize  a vacant  hour  to  re- 
mind you  that  your  debt,  as  a correspondent,  is  increasing;  so 
that  you  will  have  to  pay  it  with  heavy  interest. 

I should  now  be  in  Munich,  or  Vienna,  on  my  way  to  Trieste, 
where  I expected  about  this  time  to  embark  for  Athens  and  Con- 
stantinople, but  thro  the  miscarriage  of  a letter  mailed  for  me 
at  St.  Petersburg  by  the  American  Minister,  Mr.  Seymour,  the 
funds,  which  were  to  meet  me  at  Dresden,  I found  lying  here,  on 
my  arrival  a fortnight  ago.  Being  here,  instead  of  Vienna,  and 
the  Parliament,  in  which  I have  some  acquaintances  in  Messrs. 
Hume  and  Cobden  [being  in  session],  I shall  repair  to  London,  in 
hope  of  obtaining  their  aid  in  the  promotion  of  one,  or  both  the 
objects,  which  have  tempted  me  at  76  years  of  age,  to  cross  the  At- 
lantic a seventh  time.  A journey  to  St.  Petersburg,  distant,  hence, 
near  1800  miles,  has  proved,  at  an  inclement  season,  no  small  un- 
dertaking. From  Konigsberg  for  800  miles,  it  was  performed  over 
bad  roads,  requiring  six  horses,  and  often  twelve,  to  be  attached 
to  the  diligence,  to  drag  it  thro  the  ruts  and  mud,  made  by  the 
thousand  carriages,  transporting  the  produce  of  Russia,  Hemp, 
Flax  and  Tallow,  to  Memel,  in  order  to  avoid  the  blockade  of  all 
the  Russian  ports  on  the  Baltic.  The  journey,  however,  which, 
in  going  and  returning,  cost  me  nineteen  nights  travel,  (six  of 
them  in  succession)  from  Tilsit  to  St.  Petersburg,  has  not  been 


Hon.  Charles  Fenton  Mercer 


83 


without  enjoyment.  At  Berlin  and  St.  Petersburg,  at  each  of 
which  cities  I spent  a fortnight,  I acquired  the  friendship  of  our 
ministers,  Messrs.  Groom,  late  Gov’r  of  N.  Jersey,  and  Seymour, 
late  Gov’r  of  Connecticut.  From  both  I received  the  kindest  at- 
tention, and  by  the  latter  I was  hospitably  received  and  enter- 
tained, while  in  the  Russian  Capital.  He  insisted  upon  my 
occupying  a chamber  in  his  splendid  suit  of  apartments,  and 
made  me  personally  acquainted  with  Count  Nesselrode,  who  has 
been  the  confidential  jMinister  of  the  Emperors  of  Russia  for  34 
years.  Altho  within  two  years  of  my  age,  as  he  told  me,  his 
brow  is  unfurrowed  by  a wrinkle ; his  eyes  are  bright,  and  his 
frame  unbent  by  time.  He  kindly  offered  me  letters  to  the  Com- 
mander of  the  30,000  men  assembled  for  the  defence  of  Revel, 
and  desired  to  know  if  I wished  to  see  the  Emperor.  A review 
of  65,000  men  occurred  whilst  I was  in  St.  Petersburg,  but  I 
declined  an  introduction  to  the  Emperor,  when  I learnt  that  I 
must  pay  the  price  of  a General’s  Uniform,  correspondent  with 
my  Military  title,  to  procure  the  honor.  A grand  dinner  given 
me  by  my  newly  acquired  friend,  Seymour,  brought  me  ac- 
quainted with  all  his  Russian  friends,  and  I was  feasted,  in  re- 
turn, along  with  the  Minister,  during  the  fortnight  in  which  I 
partook  of  his  hospitality.  At  length,  the  uncle  of  the  lady  I 
went  to  Russia  to  see  once  more  before  I died,  being  ready  to 
proceed  to  Revel,  where  we  were  to  meet  her,  and  her  most  es- 
timable husband  De  Gernet,  I accompanied  him  to  her  mother’s, 
his  sister-in-law’s,  the  widow  of  his  recently  deceased  brother,  a 
late  Captain  of  the  Emperor’s  guards,  in  his  carriage  360  versts, 
seven  of  which  make  five  English  miles.  It  would  be  difficult 
to  describe  the  varied  enjoyments  which  a visit  of  fifteen  days  to 
^Madame  Von  Krehmer’s  afforded  me.  Her  brother-in-law,  one 
of  the  most  intelligent  men  I have  met  with  anywhere,  and  tho- 
roughly acquainted  with  our  institutions  and  the  men  who 
founded  and  have  conducted  them,  was  my  sole  companion  in  a 
journey  of  two  days  and  nights,  which  he  cheered  by  lively  con- 
versation ; his  sister  received  me  as  if  I had  been  her  father,  and 
De  Gernet  and  hig  most  lovely  and  accomplished  wife,  as  if  I 
were  their  graandfather,  as  I am  quite  old  enough  to  be.  The 


84 


Biographical  Sketch 


table  of  Madame  Von  Krehmer  was  daily  spread  for  at  least  a 
dozen  guests,  whose  seats  were  occupied  by  the  Generals  of  the 
Revel  army,  and  the  chief  nobility  of  Isthonia,  including  the 
Marshal  de  la  Noblesse,  the  president  of  the  annual  Convention 
of  Nobles,  who  govern  the  country  according  to  its  ancient  insti- 
tutions. The  wife  of  this  Nobleman,  and  he  himself,  with  both 
of  whom  I had  much  conversation,  spoke  English  fluently.  Mons. 
and  Madame  de  Gernet  spoke  it  as  well  as  I could,  and  with  it 
she  spoke  five,  and  he  six,  other  languages.  They  came  loo 
versts  to  meet  me  at  her  mother’s.  The  best  chamber  in  her  spa- 
cious dwelling  was  allotted  to  me.  That,  with  the  appearance 
of  a cottage,  contained  eleven  other  apartments,  besides  a con- 
servatory, Library  and  bathing-room,  under  the  same  roof.  A 
grapery  and  spacious  fruit  and  vegetable  garden  of  several  acres 
was  attached  to  the  cottage.  All  its  rooms  were  well,  and  mine 
elaborately,  supplied  with  furniture  by  a Spirit  which  had  more 
than  anticipated  all  my  wants,  real,  or  imaginary.  We  played 
whist  and  chess  every  night  but  the  Sabbath,  which,  with  the 
Greek,  as  well  as  the  Catholic  Church,  ends  at  twelve  on  Sun- 
day. When  I came  away,  as  I did  reluctantly,  after  resisting 
their  invitation  to  spend  my  life  with  them,  they  loaded  me 
with  presents.  Among  these,  Madame  Von  Krehmer  brought 
me  a little  purse  filled  with  the  ancient  gold  coins  of  Russia, 
but  finding  I could  not  be  persuaded  to  accept  the  contents, 
which  she  told  me  was  but  the  luck-penny,  which,  in  England, 
made  part  of  all  such  presents,  she  slid  away  for  a moment  and 
brought  me  a gold  heart  suspended  from  a silken  cord,  and  filled 
with  the  ebon  hair  of  her  daughter.  This  I could  not  refuse,  and 
it  now  rests  upon  a heart  that  warmed  it,  where  it  will  remain 
till  that  heart  is  cold  in  death.  We  mistake  in  judging  of  the 
Russian  despotism.  Bad  as  it  is,  it  leaves  in  the  provinces  an- 
nexed by  conquest  to  the  former  Government,  seated  at  Mos- 
cow, the  ancient  rights  and  customs  of  the  conquered  unaltered. 
Isthonia  has  been  the  subject  both  of  Denmark  and  Sweden. 
From  the  latter,  it  was  wrested  after  an  occupation  of  a hun- 
dred years.  The  mechanics  of  Revel,  the  capital,  and  very  ancient 
it  is,  have  a charter  of  incorporation  from  Canute  the  6th.  It  was 


Hon.  Charles  Fenton  Mercer 


85 


once  the  property  of  the  Teutonic  Knights,  and  the  globular 
minarets  of  its  ancient  churches  [are]  in  one  instance  within 
two  feet  of  the  highest  spire  of  Europe,  while  they  maintained 
the  Oriental  form.  It  will  surprise  you,  perhaps,  when  I tell 
you  that  my  residence  near  Revel,  the  first  abode  of  Peter  the 
Great,  and  containing  the  palace  and  park  provided  by  him  for 
the  servant  girl  he  married,  reminded  me  of  the  days  of  my 
boyhood,  and  my  humble  birthplace,  Fredericksburg.  At  my 
father’s,  as  at  Madame  Von  Krehmer’s,  a hospitable  table  spread 
every  day,  and  abundantly  provided,  was  rarely,  if  ever,  without 
guests,  who,  tho  often  invited,  needed  no  invitation  to  welcome 
them.  At  candle-light,  except  on  Sunday,  the  card  table  and 
chess  board  were  brought  out,  and  within  my  memory  were 
never  neglected.  IMy  father  taught  me  piquet,  and  my  Aunt, 
the  widow  of  Sir  John  Peyton,  my  mother’s  only  sister,  taught 
me  chess,  at  eight  years  of  age.  A supper,  at  ten,  usually  ended 
our  games,  but  we  never  gambled.  I lost  my  mother  in  in- 
fancy, but  my  surviving  and  venerated  parent  was  the  mother, 
as  well  as  the  father,  of  his  children.  Often  do  I weep  over 
the  recollections  of  those  years  of  unmingled  happiness,  for 
when  he  died,  I ceased  to  have  a home.  You,  who  must  know 
my  very  limited  resources,  the  remains  of  a fortune  which  had  it 
been  preserved  from  the  claims  of  my  two  brothers-in-law, 
would  now  greatly  exceed  half  a million,  may  well  be  surprised 
at  the  extent  of  my  travels,  prosecuted  as  they  have  been  with- 
out a rigorous  economy.  My  presents  have  quite  equalled  those 
that  I have  received,  and  my  postages,  alone,  exceed  fifty  dol- 
lars, the  30th  part  of  my  income.  But  I travel  without  either 
courier  or  servant  and  over  countries  of  vast  extent,  like  Russia, 
whose  languages  I neither  speak  nor  comprehend.  Indeed  some 
of  my  highest  pleasures  may  be  traced  to  my  ignorance,  for  I have 
never  been  involved  in  any  difficulty  that  some  good  spirit,  in  the 
form  of  a woman,  has  not  come  to  my  rescue.  One  disposed  to 
be  pleased,  may  find  pleasure  almost  every  where,  except  indeed 
in  Washington  or  Alexandria,  where  I remained  three  months 
or  more,  in  solitude.  At  Verona,  to  which  I had  come  from 
Venice,  thro  Padua  and  Vicenza,  I was  seated  at  a Table  d’Hote, 


86 


Biographical  Sketch 


some  distance — seven  or  eight  chairs  at  least — from  a beautiful 
lady,  whose  amiable,  and  intellectual  countenance  attracted  my 
attention,  as  female  beauty  ever  does  and  ever  will ; a plate  of 
strawberries,  the  first  of  the  season,  was  handed  around,  and 
when  it  came  to  me,  I readily  perceived  that,  before  it  reached 
her,  there  would  be  none  left,  so  I took  them  all  to  myself  and 
sent  them  around  to  her,  for  which  she  repaid  me  by  a smile,  and 
very  slight  inclination  of  her  head.  At  Verona  I saw,  no  more 
of  her,  and  did  not  learn  her  name.  From  Verona  I went  to 
Milan,  where  I remained  ten  days-  On  renewing  my  journey  to 
Como,  and  preparing  to  ascend  that  beautiful  lake,  the  lady  I 
had  seen  in  Verona  stept  out  of  a boat  just  as  I was  preparing  to 
enter  it,  and  a few  words  passed  in  conversation  between  us, 
from  which  I learnt  that  she  was  about  to  leave  Italy  for  Switzer- 
land, but  to  my  regret,  by  way  of  Turin,  while  my  journey  was 
to  lead  me  by  the  Borromean  Isles,  on  Lake  Maggiore,  and  the 
Simplon,  to  Geneva,  the  point  she  wished  to  reach,  by  a more 
sure  than  direct  route,  across  the  Alps.  Still  I did  not  learn  her 
name.  Some  weeks  after,  I was  seated  at  a Table  d’Hote,  a 
place  I abhor,  when  I know  no  one  with  whom  I can  converse, 
while  more  than  an  hour  is  usually  consumed  by  a succession  of 
dishes,  handed  around  at  long  intervals.  I rose  from  my  seat 
weary  of  detention  where  I had  nothing  to  occupy  my  mind. 
But  as  I left  the  Salon  a manger,  an  old  gentleman  bvertook 
me,  and  kindly  laying  his  left  arm  upon  me,  his  right  being,  as 
I afterwards  learnt,  left  at  the  walls  of  Ciudad  Roderigo,  in 
Spain,  he  insisted  on  my  returning  to  the  table  I had  left,  at  the 
head  of  which  he  had  been  seated  with  his  family.  I did  so 
most  cheerfully,  when  he  introduced  me  to  his  wife.  Lady  Napier, 
her  two  sons  by  a former  marriage,  one  of  whom  had  his  wife 
and  two  young  gentlemen  her  children.  Sir  George  Napier’s 
grandsons.  The  junior,  Mr.  Freeman,  & his  lovely  wife  were 
the  persons  who  met  me  at  Lake  Como,  and  gladly  did  I recog- 
nize and  salute  them.  From  this  moment  I became  no  longer 
a stranger  in  Geneva.  I dined  with  this  charming  family  occa- 
sionally, and  every  other  evening  for  thirty  days  took  tea  with 
Sir  George  & Lady  Napier. 


Hon.  Charles  Fenton  Mercer 


87 


I found  my  young  friend,  Mrs.  Freeman,  had  been  recently 
married,  had  spent  her  honeymoon  in  Italy,  and  was  the  grand- 
daughter of  the  Duke  of  Richmond.  I met  her  again  in  Switzer- 
land and  was  again  indebted  to  her  for  a pleasant  day  at  Mr. 
C.’s,  the  Secty.  of  the  British  Legation  at  Berne.  In  riding  out 
with  her  & our  most  amiable  Minister,  Theodore  S.  Fay,  I asked 
her  where  we  had  first  met ; her  prompt  reply  was,  “Don’t  you 
remember  the  strawberries  of  Verona?”  She  is  the  lineal  desce- 
dant  of  the  Louisa  Querouailles,  sent  by  Louis  the  14th  to  Eng- 
land in  order  to  bind  Charles  the  2nd  more  firmly  to  his  alli- 
ance, and  whom  that  worthless  monarch  made  Duchess  of  Ports- 
mouth. I have  promised  to  visit  them  on  my  return  to  England 
from  the  Erench  Exhibition  next  Spring.  Thus  you  see  I do  not 
get  on  in  my  travels  without  gathering  some  flowers  in  my  way. 

I must  conclude  this  very  long  letter  with  the  name  only  of 
the  writer. 

Charles  Eenton  Mercer. 

(To  Mrs.  Maria  H.  Garnett) 

No.  I Little  Byden  Street  near  St.  James, 

London,  June  6th,  1856- 

My  dear  Cousin. — Your  long  silence  renders  it  doubtful 
whether  my  letters  interest  you,  yet  you  are  told  by  another  that 
I keep  up  my  only  intercourse  with  “Essex,”  where  I spent  very 
many  of  the  happiest  days  of  my  life,  with  an  aunt  I loved,  an 
uncle  I respected,  and  a sister  who  was  object  of  universal 
affection. 

Indeed,  I may  say  that  the  waste  of  time  ended  with  me,  when 
my  father’s  death  at  fifty-six  left  me  an  orphan  boy  of  fifteen, 
thoughtless  indeed  but  happy,  for  my  father  had  been  what  a 
celebrated  Erench  Bishop  required  of  his  parochial  clergy  at  one 
of  their  conventions  that  they  should  be  towards  their  flocks, 
“Soyez  Peres, — ce  n ’est  pas  asses, — Sfoyes  Meres.’^  My  mother 
died  before  I could  know  a mother’s  love.  I was  her  youngest 
child.  My  father  was  the  mother  of  all  his  children,  but  mine 


88 


Biographical  Sketch 


especially.  Often  have  I rested  my  head  on  his  manly  bosom, 
the  seat  of  every  noble  affection,  above  all  of  his  devoted  patriot- 
ism. Often  did  he  join  me  in  my  boyish  amusements — to  sail 
my  little  boat,  or  float  a balloon  constructed  by  himself.  His 
first  present  to  me  was  a box  of  tools  of  which  he  taught  me  the 
use.  Sadly  and  very  long  did  I mourn  his  sudden  death  in 
Richmond,  whither  my  sister  Garnett  hastened  on  the  first  re- 
port of  his  illness,  but  too  late  to  receive  his  parting  breath,  and 
in  the  churchyard  of  Richmond  Hill  lie  his  undistinguished  re- 
mains.In  Florence,  last  winter,  I engaged  my  friend  Hiram 
Powers,  the  celebrated  sculptor,  to  obtain  for  me  a tombstone  of 
marble  broad  enough  to  cover  this  father  and  his  youngest  son. 
My  first  inquiry  on  reaching  Richmond  next  winter  will  be  to 
learn  where  my  father  rests,  that,  when  I die,  I may  lie  by  near 
his  revered  ashes.  This  reminds  me  of  a former  request  of  you 
to  obtain  for  me  a daguerreotype — it  may  now  be  photographic — 
of  my  beloved  sister’s  picture  at  Elmwood,  to  which  I would 
have  added  copies  of  her  husband’s,  my  father’s  and  grand- 
father’s. I pray  you  not  to  forget  this.  Your  draft  for  their  cost 
shall  be  immediately  paid  where  it  may  point  out.  My  father’s 
death  removed  me  from  Fredericksburg,  the  birthplace  of  my 
mother’s  children,  and  the  seat  of  my  happy  boyhood.  It  told 
me,  moreover,  that  I had  a life  of  poverty  before  me.  Until 
November,  1795,  my  time  was  spent  between  Loudoun  and  Es- 
sex. In  1794  having  chosen  your  uncle  James,  my  sister’s  hus- 
band, as  my  guardian  I,  in  the  first  months,  indeed  until  I left 
Virginia  for  Princeton — lived  at  Elmwood: — then  without  a 
name,  in  intimate  communication  and  laborious,  but  delightful, 
study  with  your  very  dear  mother  whose  sister  I loved.  Those 
studies  formed  my  character  and  the  basis  of  whatever  improve- 
ment I have  since  made.  Her  letters  for  the  five  following 
years,  that  with  little  intermission  I spent  in  New  Jersey, 
strengthened  the  lofty  sentiments  that  have  never  ceased  to  ani- 
mate me  under  many  and  severe  trials  of  a varied  life.  The 


list.  John’s  Cliureh.  The  place  of  sepulture  was  not  marked  and 
is  now  unknown. — J.  M.  G. 


Hon.  Charles  Fenton  Mercer 


89 


years  I spent  at  Princeton  now  rise  in  retrospect  as  my  Golden 
Age,  the  only  period  I would  be  willing  to  pass  over  again.  The 
last  three  of  that  happy  period  of  my  existence, — following  my 
first  degree  in  the  Arts — I spent  in  the  College  of  Nassau  so- 
called  in  [New  Jersey]  more  than  a century  ago — unrestrained 
by  its  discipline,  the  companion  of  its  professors,  pursuing  my 
professional  studies  without  a guide,  but  assisted  by  the  advice 
of  my  Godfather  and  constant  friend  through  life.  Judge  Wash- 
ington, who  had  been  a student  of  my  father’s.  I had  ever  be- 
fore me  the  example  of  a second  parent  whom  I had  found  in 
the  venerable  president  of  the  College  which  had  become  my 
home.  I had  entered  that  College  a Stoic,  if  indeed  I had  any 
settled  opinions  on  the  subject  of  religion.  In  outward  form  a 
Christian,  I had  derived  my  principles  of  action  and  theory  from 
Plutarch,  and  the  fhen  /fashionable  democratic  ^philosophy  of 
Godwin,  whose  Political  Justice  and  Inquiries  were  among  my 
favourite  volumes. — Both  had  taught  me  that  I was  to  live  not 
for  my  country,  but  in  a sense  more  enlarged,  for  mankind.  I 
left  Nassau  Hall  after  five  years  of  close  application,  a Chris- 
tian, numbering  among  my  friends  Bishop  Hobart  and  Doctors 
Smith,  Kollock,  Hare  and  Beasley,  who  had  been  my  friend 
and  classmate  for  five  years.  I have  now  all  the  letters  I have 
ever  received.  Among  the  first,  the  only  one  from  my  revered 
father  bearing  date  64  years  ago ; — of  course  I have  all  your 
mother’s.  Mine  to  her,  my  excellent  friend.  Miss  Patsy  Hunter, 
once  offered  to  me ; — I have  often  since  wished  I had  taken 
them.  They  would  afford  me  a mournful,  but  soothing,  pleasure 
when  read  along  with  those  I possess.  I well  remember  how  they 
strengthened  and  confirmed  my  resolution  to  live  unspotted  from 
the  world,  and  to  devote  my  life  to  the  service  of  my  God,  my 
country,  and  my  friends.  To  the  latter  my  life  has  been  given 
to  the  ruin  of  my  fortune.  But  I do  not  now  repent  the  sacri- 
fice. I had  two  estates,  worth  at  present  $800.000 ; I own  not  a 
foot  of  either.  But  I have  enough,  and  even  more  than  enough. 
Since  I came  last  to  Europe, — now  near  three  years  ago — I 
have  paid  in  America  of  interest  on  two  small  debts,  all  I owe, 
and  for  the  principal  sum  of  which,  but  $2000,  I have  paid 


90 


Biographical  Sketch 


out  of  my  present  income  $250. — I have  also  paid  for  printing  in 
aid  of  my  efforts  in  behalf  of  Africa  $100,  in  postages  $60  per 
annum,  remitted  to  my  fellow-citizens,  the  sufferers  in  Norfolk 
and  Portsmouth,  $50 — paid  my  French  and  Italian  teachers  $120, 
while  I have  maintained  among  gentlemen  the  state  in  abode  and 
the  outward  appearance  of  one  in  Ireland,  England,  France, 
Italy,  Switzerland,  Germany  & Russia.  My  income,  in  truth,  has 
been  more  than  enough,  for  when  I come  to  add  up  my  pur- 
chases and  remittances  to  America  of  books  & furniture  for  my 
new  abode  there,  I am  amazed  at  the  result.  I have  had  much 
more  than  enough  for  all  my  personal  wants,— beyond  them, 
and  their  personal  gratification,  all  expenditure  is  vain.  For 
no  wealth  can  purchase  happiness.  If  found  in  a life  like  mine, 
it  must  be  in  employments  that  leave  no  mental  reproach  behind. 
I have  made  up  my  mind  to  return  to  America  next  month,  and 
to  hasten  from  New  York  to  Howard  & White  Sulphur  Springs 
in  Virginia,  to  boil  out  a visitation  of  Neuralgia  and  to  heal  a 
sore  lip  that  has  resisted  two  years’  attempt  to  cure  it.  The  for- 
mer is  always  painful,  the  latter  is  so  when  exposed  to  the  air, 
as  it  is  when  I leave  my  apartments.  One  consolation  attends 
it ; it  is  not  a cancer’^^  and  is  nearly  stationary,  but  has  cost  me 
fifty-five  dollars  in  medical  advice  and  medicines,  which  shoulc|. 
have  figured  along  with  $25  for  two  new  teeth  in  my  late  budget 
of  Expenses.  Although  I have  resolved  to  return  in  July  to 
America,  I have  not  resolved  to  remain  there.  I wish  to  lie 
{remainder  lost). 

12  He  was  mistaken.  It  was  a cancer  and  it  ended  his  life  at  the 
Episcopal  High  School  of  Virginia  on  May  4th,  1858.  The  writer  nursed 
him  there  during  his  last  illness,  and  when  I returned  to  the  University 
of  Virginia  on  May  1st,  my  father  nursed  him  until  his  death. — J.  M.  G. 


Hon.  Charles  Fenton  Mercer 


91 


(Mrs.  Maria  H.  Garnett,  Elmzvood,  Essex  County,  Virginia.) 

Howard,  near  Theological  Seminary, 
Fairfax  County,  Virginia,  Nov.  29th,  1857. 

My  dear  Cousin. — I have  some  doubt  whether  it  would  not 
be  best  to  defer  this  letter  until  I reach  Washington  tomorrow, 
but  I cannot  longer  delay  acquitting  myself  of  debt  to  you  as  a 
correspondent.  Who  I have  to  blame,  I know  not,  as  your  son 
tells  me  they  too  have  a letter  from  you  long  unanswered.  I 
have  certainly  supposed  you  to  be  my  debtor.  But  in  truth  if  it 
be  otherwise,  I feel  that  I am  likely  to  be  classed  among  the 
numerous  bankrupts  that  the  money  panic  has  created,  for  my 
late  life  has  been  spent  in  a manner  so  irregular,  that  my  very 
thoughts  reject  all  arrangement,  and  are  not  worth  perusal.  A 
month  in  [Prunty]-town  and  Clarksburg  and  the  Capital  of 
Lewis  County,  the  only  one  I ever  named,  myself — has  not  added 
to  my  stock  of  new  ideas,  altho  I do  not  admit,  with  Solomon, 
that  even  in  our  day  there  is  nothing  new  under  the  Sun.  My 
Western  journey,  that  used  to  cost  me  many  days,  carried  me  to 
Prunty-town,  the  Capital  of  Taylor  County,  where  I speedily 
accomplished  the  chief  object  that  led  me,  for  the  last  time,  I 
hope,  across  the  Alleganeys,  with  which  I first  became  acquainted 
in  1804.  My  late  journey  is,  however,  memorable,  as  it  has  ac- 
quitted me  of  my  last  debt,  but  one,  on  earth,  the  debt  that  is  to 
rest  me  in  its  bosom  till  the  trumpet  of  the  Archangel  shall  rouse 
me  to  a new  Existence.  For  a moment,  after  I escaped  the  thral- 
dom of  fifty-three  years,  I must  acknowledge  that  I felt  a new 
delight,  for  [of]  all  the  calamities  I have  endured  debt,  from  its 
long  continuance,  and  heavy  pressure,  has  been  the  most  severe.  I 
have  now  the  means  to  return  to  Europe,  with  an  unincumbered 
income,  much  larger  than  I last  carried  there,  and  if  my  malady, 
which  has  so  long  subjected  me  to  the  doctors,  regular  and  irregu- 
lar, surgeons  and  quacks,  will  permit  me,  I shall  be  in  Florence 
next  June,  after  entering  on  my  eighty-first  year.  But  no  one 
knows  what  may  happen  to  himself  in  six  days,  and  still  less  can 
he  predict  where  he  will  be  at  the  end  of  as  many  months.  I 


92 


Biographical  Sketch 


confess  I am  weary  of  murders  and  robberies,  and  treachery  and 
demagoguism,  and  am  ready  to  enjoy  the  quiet  of  a despot- 
ism that  never  disturbed  my  rest,  in  the  many  months  I 
submitted  to  the  Government  of  a very  weak,  but  amiable 
Prince,  the  Grand  Duke  of  Tuscany,  with  whom  I commenced 
my  acquaintance  in  bad  Italian  and  he  in  worse  English,  so,  by 
common  consent,  we  ended  our  intercourse  in  a hearty  laugh ! 
He  afterwards  included  me  in  his  invitations  to  five  grand  balls, 
during  the  carnival  of  1856,  to  which  my  bankers  enclosed  four 
in  the  succeeding  season  of  Lent  when  Catholics  [renounce?] 
all  dances.  A beautiful  Villa,  adjacent  to  a ducal  summer  resi- 
dence was  offered  me,  through  the  latter,  for  fifteen  [lire?] 
a month,  and  I have  lately  written  to  learn  of  Mr.  M.  if  it  can 
now  be  had,  and  on  what  terms-  First,  however,  I must  be  as- 
sured that  another  slice  from  my  lip  will  not  be  required,  to  ar- 
rest my  movements  abroad,  and  this  will  impose  on  me  the  neces- 
sity of  partaking  of  another  American  winter.  Where  to  spend 
it,  I have  for  the  same  reason  not  yet  determined,  but  if  in 
America,  I wish  to  pass  it  as  near  the  Gulf  of  Mexico  as  I did  the 
greater  part  of  the  last,  in  the  charming  society  of  Tallahassee, 
among  numerous  friends,  who  spend  their  time  in  entertaining 
each  other.  In  New  Orleans  I have  an  adopted  daughter  (Lucy 
Betton)  who  has  made  me  a grandfather,  and  between  that  city 
and  Tallahassee,  I have  a charming  resting-place,  in  the  house  of 
Dr.  Levert  and  his  accomplished  wife,  an  old  correspondent,  as 
well  as  friend,  and  their  travelled  daughter,  just  launched  into  the 
world.  By  the  by,  have  you  seen  Mrs.  Levert’s  Travels?  They 
are  a fair  and  true  copy  of  herself,  and  have  charmed  our  rela- 
tions here.  We  met  twice,  the  last  time  for  weeks,  in  Paris;  and 
her  Souvenirs  of  Travel^  are  written  as  objects  she  beheld  im- 
pressed their  beauty  on  her  heart.  Most  beautiful  many  of  them 
were,  and  the  study  of  many  years,  of  diligent  preparation,  enabled 
her  to  enjoy  their  loveliness,  and  to  be  inspired  by  their  history. 
Your  son,  in  the  only  letter  I have  received  from  him,  notices  one 
of  mine,  from  Florida,  and  accompanies  his  by  one  from  my  name- 
sake in  Brazil.  {Note.  Charles  F.  M.  Garnett,  Engineer,  built  the 
principal  railroad  at  that  time  in  Brazil).^®  I am  glad  to  know 


Hon.  Charles  Fenton  Mercer  93 

that  the  writers  make  exceptions  to  the  general  decline  of  my  fam- 
ily. In  a letter  to  Lord  Clarendon  I remarked  that  I was  the  last 
of  my  name  in  Virginia,  but  I met  as  I returned  from  the  West, 
Richard  Mercer,  late  of  West  River,  who  is  pleasantly  settled,  and 
married  to  a lovely  wife,  near  Leesburg,  adjoining  Morven,  the 
summer  residence  of  Thomas  Swann,  the  present  mayor  of  Balti- 
more, who  made  a large  fortune  of  half  a million  by  marriage,  as 
his  brother  Doctor  Swann  has,  one  much  larger  in  Philadelphia,  in 
the  same  manner;  the  last  are  remote  connections  with  my  race 
and  your  son.  Your  great-grandmother  was  a Roy,  my  grand- 
mother was  a Mason,  on  the  father’s  side,  a Roy  on  the  mother’s, 
for  my  two  grandfathers  married  two  sisters.  The  second  wife 
of  John  Mercer  of  Marlboro’  was  a Roy — the  first,  Catherine 
Mason,  Aunt  of  George  Mason  of  Gunston,  to  whom  Virginia 
has  prepared  to  erect  a monument  near  Washington’s  Equestrian 
Statue  [in  Richmond,  Va].  Has  it  ever  occurred  to  you,  or  have 
you  not  needed  such  a check  to  pride  of  ancestrjq  how  fast  our  re- 
lations, our  lineal  ancestors,  multiply  as  we  go  back  in  time?  The 
ratio  from  generation  to  generation  is  quadruplicate,  so  that  six 
generations  hence  we  count  more  than  a thousand  who  lived  to 
mature  age.  Of  these  how  many  there  must  have  been  of  which 
we  might  well  be  ashamed.  I have  made  this  rambling  letter  long 
enough  to  give  me  the  credit  of  an  honest  debtor-  As  to  the 
money  with  which  I seek  to  pay  you,  it  resembles,  more  than  I 
could  wish,  that  which  passes  current  in  this  neighborhood.  If 
hluscoe  Garnett  has  not  set  out  for  Washington,  give  my 
love  to  him,  and  believe  me  truly.  Your  friend  and  affectionate 
uncle, 

C.  F.  MERCER. 

P.  S.  I have  taken  time,  while  preparing  to  go  to  Washing- 
ton, for  a letter  to  your  son  (Muscoe),  which  I shall  send  under 
cover  of  that  already  written  to  yourself. 

C.  F.  M. 


13  He  was  Chief  Engineer  of  the  Dom  Pedro  II  Kailroad,  and  was 
in  Brazil  from  1856  to  1859. 


94 


Biographical  Sketch 


Concluding  Note  by  his  Great  Nephew,  Theodore  S. 

Garnett,  in  Criticism  of  Hon.  Charles  Fenton  Mercer. 

His  mental  and  moral  excellence,  his  philanthropic  endeavors 
to  benefit  his  people  and  his  country,  his  broad  statesmanship  and 
far-reaching  plans  for  developing  the  resources  of  Virginia  and 
the  United  States,  all  entitle  him  to  be  regarded  and  remembered 
as  one  of  the  great  men  of  that  day,  the  formative  period  of  Vir- 
ginia’s statehood,  and  to  rank  with  the  best  of  her  sons  in  intel- 
lectual power  and  patriotic  achievement.  As  a soldier,  he  was 
zealous  and  brave,  ready  to  spend  and  be  spent  in  defense  of 
Virginia  against  British  invasion ; as  a statesman,  he  was  full 
of  resourceful  energy  and  wisdom  in  providing  for  her  needs 
in  times  of  great  stress  and  emergency;  and  as  a pioneer  in  the 
field  of  State  education  and  industry,  he  was  foremost  in  legisla- 
tion for  that  system  which  has  since  developed  both  the  State 
University  and  internal  improvement  by  public  aid.  His  wide 
acquaintance  in  this  country  and  abroad  with  the  leading  men  of 
his  day,  gave  him  exceptional  advantages  of  intercourse,  and  cor- 
respondence. His  colleagues  and  compatriots  in  arms  and  legis- 
lative halls  nearly  all  preceded  him  to  the  grave,  leaving  their  tes- 
timony to  his  great  worth  and  abilities.  May  this  far  too  brief  ap- 
preciation of  his  life  and  labors  serve  to  revive  his  memory,  and 
excite  to  a study  of  his  career  the  intelligent  and  ambitious  youth 
of  this  great  and  growing  Republic. 


Hon.  Charles  Fenton  Mercer 


95 


The  following  inscription  was  placed  on  his  tomb-stone  in  the 
cemetery  at  Leesburg,  Va.,  by  his  nephew,  Theodore  S.  Garnett: 

Sacred  to  the  Memory  of 
Gen.  Charles  Fenton  Mercer. 

Born  June  i6,  1778, 

Died  May  4,  1858. 

Aged  79  years,  10  months  and  18  days. 

A Patriot,  Statesman,  Philanthropist  and  Christian. 

After  spending  his  life  in  the  service  of  mankind,  he  died  at 
peace  with  the  world  and  in  the  favor  of  God. 
“Blessed  are  the  dead  which  die  in  the  Lord.” 

Rev.  14  Chap.  13th  verse. 


[ ■ : ( < 
t 


f . v 


.1! 


i 

f 


• ''■7  r"^ 

* t 'J 


y- 


i 


